Police Scotland firearms officer 'didn't mean to discriminate'

A police inspector who sent an email saying he did not want to see two female firearms officers deployed together has told an employment tribunal its purpose was not to discriminate or cause upset.

Keith Warhurst said he "had an epiphany" when he realised his request had been interpreted as sexist.

He said he had made a fool of himself by sending a "poorly-worded" email.

Police Scotland denies claims it has a culture of sexism.

Insp Warhurst was giving evidence in a case brought by former firearms officer Rhona Malone.

The 45-year-old is taking legal action against Police Scotland on the grounds of discrimination and victimisation.

'Sufficient male staff'

In January 2018, Ms Malone and another female officer, PC Freya Palmer, were copied into an email from the inspector who said that for operational reasons he did not want to see two female officers deployed together when there were sufficient male staff on duty.

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Insp Warhurst told the tribunal he regretted sending the email.

He said: "I value all members of my team equally. In my opinion it is preferable to have a mixed team and mixed pairing of officers for operational reasons. I was trying to convey this in my email but unfortunately it was very poorly worded.

"I had felt the pairing of PC Malone and PC Palmer had been inappropriate due to their relative level of inexperience.

"By sending the email I have only made a fool of myself. If I could take back the email I would."

Ms Malone was a police officer for seven years before qualifying as a firearms officer

The email, to Sgt Guy Sinclair, began: "Guy, I'm going to plunge in with both feet and open myself up to being accused of being sexist. For operational reasons I don't want to see two female officers deployed together when there are sufficient male staff on duty.

"This is based on my experience in the firearms and routine policing environment other than the obvious differences in physical capacity."

It continued: "It makes more sense from a search, balance of testosterone perspective and it is not a reflection on either Rhona or Freya.

"Ladies, for the purpose of transparency, I have included you in this email."

'An epiphany'

He told the virtual hearing that the email had not been well-received, and the following week, he invited PCs Malone and Palmer to a meeting.

He said: "After consideration, I realised I had made a mistake. I telephoned Ch Insp Linda Russell for guidance and input. She expressed she was not happy with my choice of wording."

He continued: "My recollection is that I apologised for the email and explained it was not the view of the senior management team. I recall Rhona Malone said to me: 'Are you saying two wee guys can't work together?' It was then I had an epiphany and realised I had made a fool of myself.

"Her comment made me realise I had brought gender into my email unnecessarily and this was not the message I had been trying to convey."

Insp Warhurst said his chief inspector was furious with him.

Rhona Malone claims she was subjected to a series of sexist comments

Representing Ms Malone, advocate Mark Allison put to him that he had only apologised after he had spoken to Ch Insp Russell and she had told him to.

Mr Allison said that Police Scotland management was not happy with what he had written.

Insp Warhurst agreed, saying: "I was reprimanded. I articulated the message I was trying to get across but it was made clear my language was grossly inappropriate, what they were trying to move away from. I was left in no uncertain terms I would be removed from post if anything like this happened again."

Insp Warhurst was also asked about a claim two witnesses made on Wednesday that he had sent images or videos of topless women to a WhatsApp group of colleagues.

He told Police Scotland solicitor Stewart Healey he had no recollection of sharing such videos or images.

Judge Porter then repeatedly pushed Insp Warhurst to clarify whether he definitely had not sent the images or whether it might have happened but he could not recollect.

Insp Warhurst concluded he was "fairly confident" he had not sent them.

Insp Warhurst is expected to continue giving evidence tomorrow - the tribunal is due to last two weeks.