Former firearms officer says police federation abandoned her

Ms Malone won an employment tribunal case against Police Scotland

A former firearms officer who won an employment tribunal against Police Scotland says she was abandoned by the organisation representing rank and file officers.

The Scottish Police Federation withdrew funding for Rhona Malone's legal action in 2019 when she refused to accept a pay out from Police Scotland and sign a non-disclosure agreement (NDA).

She went on to fund her own case.

Last year a judge ruled she had been victimised by Police Scotland.

The Scottish Police Federation (SPF) said it could not comment on Rhona Malone's case as elements of it are ongoing but it has a "long and proud history" of assisting members in discrimination cases.

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The SPF represents more than 18,000 officers. It is there to ensure the best interests of its members are met.

In 2018 Ms Malone challenged an email saying two female firearms officers should not be deployed together.

Initially the SPF supported her legal action financially but the following year they withdrew funding.

One federation representative did support Rhona Malone and gave evidence at her tribunal in 2021.

She said he was "outstanding" but the federation as a whole put pressure on her to accept a pay out from Police Scotland and sign a NDA.

'Deliberately choosing to be stubborn'

The BBC has seen an email to Ms Malone from the external law firm instructed by the SPF.

It said there was simply "no point in proceeding to an employment tribunal" in circumstances where she was "unlikely to achieve a better settlement than is currently offered".

It accused her of "deliberately choosing to be stubborn" and told her "you cannot have your cake and eat it in life."

She did not want to sign a confidentiality agreement.

"It was never about the pay out, it was about acknowledgement and accountability and I was getting none of that with an NDA, I was getting silenced and supressed," she told BBC Scotland.

"The solicitor turned round and said to me 'everyone signs an NDA Rhona' and that I just thought that was shocking because I thought how many other women have signed NDAs and I understand why they would have."

Last year a judge found she had been victimised by Police Scotland and accepted evidence the culture within parts of armed policing was "horrific" and an "absolute boys' club".

An extract from the letter to Rhona Malone from SPF's external lawyers

Russell Findlay MSP, the Scottish Conservatives' community safety spokesperson, said Rhona Malone was "perfectly right" to reject the deal on offer and go to tribunal.

"By proceeding she has served a greater public good and that is to expose in pretty lurid terms some of what was going on within Police Scotland," he added.

"Had she signed the deal would we know about any of this? Would Police Scotland have apologised? Would they be expressing this apparent desire to change? I doubt it very much."

Rhona Malone's family helped pay for her legal action.

"There's a huge social injustice when it comes to getting justice…I've spent well over £70k and it's going to take another £30k or £40k before I've finished. Who's got that sort of money?" she said.

Rhona Malone still doesn't know how much compensation she will receive from Police Scotland. She says the federation should now pay her legal fees - a request that has so far been refused.

'Long and proud history'

The Scottish Police Federation said it could not comment on Rhona Malone's case specifically as elements of it are ongoing.

David Kennedy, its deputy general secretary, said: "The Scottish Police Federation has a long and proud history of assisting members in cases of discrimination. We have countless examples over many years that show this to be the case.

"The legal advice provided to members is paid for by members' subscriptions and is subject to rules and published guidelines. Where federation members are granted legal advice and assistance, independent expert solicitors are appointed to provide representation.

"On occasions where legal advice and assistance is refused or is withdrawn, the federation continues to work with and support our members however they can, including through the network of federation representatives across the country.

"In employment tribunal proceedings where settlements can be reached, it is common practice for the respondent to require as a condition of settlement that the settlement is covered by a confidentiality agreement."