Thames Valley Police 'considering next steps' after discriminating against white officers
A superintendent was told to appoint an "Asian" sergeant to the rank of detective inspector without holding any competitive process
A police force at the centre of a race discrimination row is "carefully considering next steps" after losing an employment tribunal case.
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 without holding any competitive process.
After taking the force to an employment tribunal, three police officers won their case after claiming to have been passed over for promotion because they were "white British".
Cases of discrimination against white employees are rare, an employment law expert has said.
Detective Inspector Phillip Turner-Robson, Inspector 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, the employment tribunal was told.
After the written tribunal decision was published, Thames Valley Police said it was committed to creating a workplace "representative" of the communities it serves.
A spokesperson told the PA news agency: "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."
None of the officers involved in the case wished to comment, Thames Valley Police Federation said.
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.
Having been made aware of the vacancy, Mr Turner-Robson expressed his interest on the same day the tribunal, held via video link in Norwich, heard.
But the following month, Superintendent Emma Baillie made the decision to move Sergeant Sidhu, whose first name was not provided, into the role without undertaking any competitive process or advertising the vacancy to staff, the tribunal was told.
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.
Employment Judge Robin Postle concluded that the three white officers were directly discriminated against by reason of the protected characteristic of race.
"The superintendent made a decision to move Police Sergeant 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 Sergeant 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."
Employment law expert Will Burrows said that some employers have misinterpreted the Equality Act.
Mr Burrows, a partner at Bloomsbury Square Employment Law said: "Some employers have assumed that the promotion of racial minority candidates over white-British candidates was lawful per se as long as it was 'positive action'.
"It is not and has never been.
"The law does not allow for direct discrimination against white-British employees by the 'slotting' of racial minority candidates into roles in order to further positive action schemes.
"Cases of discrimination against white employees are rare, but we expect to see a significant increase over the coming years and there are some important cases due to be heard on employers discriminating against white candidates.
"It is important to remember that the law protects everyone against discrimination on the grounds of their race."
Thames Valley Police and Crime commissioner Matthew Barber said: “It is critical in building confidence across our whole community that there is never any discrimination in policing. In this case, the Employment Tribunal found that the Force had discriminated against the claimants on the basis of race. This is clearly unacceptable and should not have happened.
"I recognise Thames Valley Police’s commitment to building a workforce that represents the whole community, but it is apparent from the judgement that the Force was wrong on this occasion in that the processes it followed were not fair, transparent, or competitive.
“I am clear that Thames Valley Police must treat everyone equally when making appointments, determined solely on merit. I will ensure a full review into the processes, policies and approach by the Force to ensure this cannot happen in the future.
“There must be no place for any form of discrimination in policing and I expect the Chief Constable to ensure that all communities are treated equally by Thames Valley Police.”