White Officers Had Experienced Direct Discrimination Due To Their Race
An employment judge determined that the reason behind their denial of promotion was their race, leading three white police officers to successfully file a discrimination lawsuit.
Despite being advised of the legal consequences of not holding a competitive process, a Thames Valley Police superintendent instructed to “make it happen” by elevating an “Asian” sergeant to the rank of detective inspector to increase the diversity of its senior staff.
Inspectors Phillip Turner-Robson, Horton and Kirsteen Bishop, a custody inspector, filed employment tribunal claims against the force, alleging they treated unfairly due to their race—which the tribunal defined as “white British.”
An employment tribunal was informed that the seasoned officers employed by the force, which serves the counties of Oxfordshire, Buckinghamshire and Berkshire, for anywhere between 19 and 26 years, when they prevented from applying for the position.
The tribunal informed that plans discussed in August 2022, to post a job advertisement as soon as possible for a detective inspector in the force’s Aylesbury “priority crime team.”
The Norwich tribunal heard, that DI Turner-Robson expressed his interest the same day he informed of the vacancy.
However, the tribunal informed that Superintendent Emma Baillie. Decided the next month to promote Sergeant Sidhu—whose forename withheld—to the position without holding a hiring competition or notifying the staff of the opening.
The tribunal heard, that the superintendent and deputy chief constable Jason Hogg “jumped the gun” by giving the sergeant the senior position and that at the time of her promotion to detective inspector. She had not even been given a promotion to inspector status.
After joining Cleveland Police in 1995, Mr. Hogg gained experience as an officer and was appointed Chief Constable of Thames Valley Police in April 2023.
The deputy chief constable had instructed the Superintendent to “make it happen” and the tribunal found, that the Superintendent “decided without thinking it through.”
Subsequently, she attempted to “retrospectively justify” the choice by claiming, that the appointment was made possible by a “BAME Progression Program,” which was nonexistent at the time.
“The deputy chief constable and superintendent Baillie undoubtedly cautioned, about the potential hazards of implementing such a policy,” the tribunal stated.
Employment Judge Robin Postle concluded, that the three white officers had experienced direct discrimination due to their race, a protected characteristic.
“Without conducting a competitive assessment process, the Superintendent decided to promote Police Sergeant Sidhu to detective inspector,” the judge stated.
Disadvantaging those officers, who did not share Sergeant Sidhu’s protected characteristic of race and who were not given the chance to apply for the position went beyond simple encouragement.
It wasn’t a reasonable way to accomplish a justifiable goal.
Superintendent Baillie was more concerned with “making it work” than with conducting a balance.
“Superintendent Baillie’s decision… constituted positive discrimination.”
