Police officers win race discrimination claim

Three officers brought employment tribunal proceedings against Thames Valley Police

Three white police officers have won a discrimination claim after an employment judge ruled they were passed over for promotion because of their race.

In an attempt to improve the diversity of its senior staff, a Thames Valley Police superintendent was told to "make it happen" by appointing an "Asian" sergeant to the rank of detective inspector, despite having been warned about the legal risks of not holding a competitive process, a tribunal heard.

Three officers brought employment tribunal proceedings against the force, claiming to have been disadvantaged because of their race - described by the tribunal as "white British".

Employment Judge Robin Postle said the decision "clearly constituted positive discrimination".

Det Insp Phillip Turner-Robson, Insp Graham Horton and Kirsteen Bishop, a custody inspector, had been working with the force for between 19 and 26 years when they were blocked from applying for the role, an employment tribunal was told.

The tribunal heard that in August 2022 plans were discussed for a job advert for a detective inspector in the force's "priority crime team" at Aylesbury to be put out as soon as possible.

Having been made aware of the vacancy, Det Insp Turner-Robson expressed his interest on the same day, the Norwich tribunal heard.

But the following month, Supt Emma Baillie made the decision to move Sgt Sidhu, whose forename was not provided, into the role without undertaking any competitive process or advertising the vacancy to staff, the tribunal was told.

It also heard the sergeant had not even been promoted to inspector at the time she was made detective inspector when then-deputy chief constable Jason Hogg and the superintendent had "jumped the gun" and given her the senior role.

Mr Hogg, an experienced officer who joined Cleveland Police in 1995, became Thames Valley Police Chief Constable in April 2023.

The superintendent had been told to "make it happen" by the deputy chief constable and "took the decision without thinking it through", the tribunal said.

She then tried to "retrospectively justify" the decision by saying the appointment came under a "BAME progression program which clearly did not exist at the time".

"Supt Baillie, and no doubt the deputy chief constable, had been warned of the risk of operating such a policy," the tribunal said.

Judge Postle concluded the three white officers were directly discriminated by reason of the protected characteristic of race.

"The superintendent made a decision to move Sgt Sidhu into the detective inspector role without any competitive assessment process taking place," the judge said.

"It went beyond mere encouragement, disadvantaging those officers who did not share Sgt Sidhu's protected characteristic of race and who were denied the opportunity to apply for the role.

"It was not a proportionate means of achieving a legitimate aim.

"Clearly, Supt Baillie was only focused on 'making it work' rather than carrying out a balancing exercise.

"Supt Baillie's decision... clearly constituted positive discrimination."

In response the force said: "Thames Valley Police acknowledges the tribunal’s decision in this case, and is carefully considering next steps.

"The force is committed to providing a workplace where each and every member of the workforce can fulfil their potential, and that is representative of the communities we are privileged to serve.

"This is essential for building trust and confidence in policing, while providing positive role models to attract future colleagues into policing from all backgrounds."