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Metropolitan police 'deleted evidence of sex and race discrimination' Metropolitan police 'deleted evidence of sex and race discrimination'
(about 7 hours later)
A Metropolitan police practice of deleting records of sex and race discrimination has been exposed by an employment tribunal, according to lawyers for a black female firearms officer. Scotland Yard removed evidence of racial and sexual discrimination from documents it submitted to an employment tribunal, which has decided the force had "singled out and targeted" a black officer because of her race and gender.
The policy emerged during a claim brought by PC Carol Howard, a 35-year-old member of the Diplomatic Protection Group (DPG), who was found to have been "singled out and targeted" for almost a year. The tribunal in London upheld complaints by PC Carol Howard that she had been discriminated against and also said it was "very concerned" by the conduct of the Metropolitan police.
The judgment, issued by the Central London Employment Tribunal which heard her claim, ruled that the Met "directly discriminated" against Howard "on the grounds of sex and race" between 31 January and 29 October 2012. Howard, 35, had been in the force for 10 years, serving as an armed member of the Diplomatic Protection Group (DPG), and had previously been selected by the Met to appear in a newspaper feature ahead of the London 2012 Olympics.
A number of Howard's complaints of "victimisation" were "well-founded", the tribunal added. It concluded that her superior, Acting Inspector Dave Kelly, subjected her to "a course of conduct which was detrimental to her". The tribunal ruled she had been "singled out and targeted" for almost a year by one boss, Acting Inspector Dave Kelly, because of her race and gender. Kelly "ordered" junior officers to ask Howard about her sex life and whether she was sleeping with a colleague, it found.
The tribunal judgment said that, within a few weeks of becoming Howard's line manager, Kelly "formed the view...that the claimant was dishonest and not up to the standard required for DPG". Once Howard formally complained, a Met manager named David Jones asked the author of an internal report into the row to "delete all references to discrimination and harassment related to sex and/or race". The original version of the report, finding Howard suffered discrimination, only surfaced after her lawyers pressed for it.
He was said to have engaged on a course of conduct "that was designed to, and which in fact did, undermine, discredit and belittle" Howard. The tribunal also ruled that the decision to remove the material damaging to the Met's denial of discrimination against Howard was a "policy" – and thus not down to a rogue manager. The tribunal judgment says the Met had done it before in previous cases.
Her "every absence" was assumed to not be genuine, her commitment was challenged in front of colleagues and her application for an armoured response vehicle role was not supported, the panel found. Howard's solicitor, Kiran Daurka from Slater & Gordon, called for a public inquiry into how the force handles race discrimination claims. She also said Howard wanted to continue as a police officer.
The tribunal heard that Howard submitted a formal fairness at work (FAW) complaint alleging that she had been subjected to unfair treatment by Kelly in November 2012. The case comes at a perilous time for the Met's and the police's reputations after a series of scandals and controversies which led home secretary Theresa May to call for reform in a speech to the Police Federation in May.
The following day he was said to have approached her and during the exchange he was "shouting at her and waving his hands", with the claimant leaving in tears. The Met is facing a public inquiry over undercover officers spying on the family of Stephen Lawrence, ministerial pressure over excess stop and searches damaging black Britons' confidence in the police and concerns over the handling of rape and domestic violence cases.
Kelly "acted in a hostile and aggressive manner" during the incident, the tribunal judgment said. It is still repairing the damage of the Plebgate affair following a verbal clash in Downing Street between former cabinet minister Andrew Mitchell and a police officer.
The judgment was also critical of the way the force dealt with Howard's FAW complaint. A number of Howard's complaints of victimisation were "well-founded", the tribunal said. It concluded that Kelly subjected her to "a course of conduct which was detrimental to her". The panel found that Det Sgt Fiona Hepworth, appointed to deal with the complaint, was asked to delete all references to sex or race discrimination in a report.
It said the process concluded that there was no evidence of race or sex discrimination "without having conducted a proper investigation into the matter". The tribunal judgment said: "We found that DS Hepworth was asked to delete all references to discrimination and harassment related to sex and/or race from her report, not because they were not supported by evidence in the report, but because the claimant had brought a complaint of race and sex discrimination in the tribunal."
The panel found that a detective sergeant appointed to deal with the complaint was asked to delete all references to discrimination and harassment relating to sex or race in a report. The day after Howard complained, Kelly was said to have approached her and begun "shouting at her and waving his hands", with Howard leaving in tears.
This was done "not because they were not supported by evidence in the report, but because the claimant had brought a complaint of race and sex discrimination in the tribunal", the judgment concluded. Kelly "acted in a hostile and aggressive manner" during the incident, the tribunal said. The judgment was also critical of the way the force dealt with Howard's fairness at work (FAW) complaint.
Daphne Romney QC said after the decision: "What is particularly shocking is the deliberate attempt to cover up internal findings of discrimination. The outcome of the internal grievance investigation led PC Howard to believe that the investigating officer did not accept that there had been either race or sex discrimination, when clearly this was not the case. The tribunal said Hepworth had said in evidence she "removed that conclusion because it had been suggested to her that having a reference to discrimination would compromise the respondent's [the Met's] position at the tribunal."
"The Met's evidence to the Employment Tribunal was that it has a policy of deleting any finding of discrimination from grievance investigations. This is what happened to PC Howard and it is wholly unacceptable. There needs to be wholesale change in the Met's approach to discrimination in order to ensure that London's Police Force treats all its employees equally regardless of any protected characteristic." A Met spokesman said: "Whilst it has never been part of the policy to delete discrimination allegations from FAW documentation, we recognise that the practice of not considering them as an integral part of the process has caused concern and this will form a key part of the policy review."
Lawyers for the claimant, from Purley in Surrey, will seek compensation from the Met for injury to feelings and aggravated damages. The size of her claim is being assessed. Howard's lawyers will seek compensation from the Met for injury to feelings and aggravated damages. As a serving officer, she cannot speak to the press without Met permission.
Howard's lawyer Kiran Daurka, from Slater & Gordon, called for a public inquiry into how the force handles race discrimination claims. Daurka said the Met's comments after the judgment showed "they don't seem to think they've done anything wrong, they don't seem to take racism seriously", and said the officer "deserved" an apology from the force.
She said: "This judgment is a damning indictment on the Met. The conduct of the Metropolitan Police and some of its senior officers towards Carol Howard was deplorable over the last two years. "This judgment is a damning indictment on the Met. The conduct of the Metropolitan police and some of its senior officers towards Carol Howard was deplorable over the last two years," she said. "My client was subjected to discriminatory treatment because she is black and because she is a woman."
"My client was subjected to discriminatory treatment because she is black and because she is a woman. "Fifteen years after the Met was branded 'institutionally racist' they have failed in addressing discrimination which pervades the system. This case shows that there needs to be a complete rewrite of the Metropolitan police's equality procedures and an independent investigation into existing measures purporting to deal with discrimination complaints. That's the only way to protect officers facing similar discrimination in the future."
"Fifteen years after the Met was branded 'institutionally racist' they have failed in addressing discrimination which pervades the system. Howard was supported in her case by the Metropolitan Police Federation, a staff association. Its chairman John Tully said: "It is of concern that such issues are still prevalent in the Metropolitan police service, despite the many measures introduced to address the problem."
"This case shows that there needs to be a complete rewrite of the Metropolitan Police's equality procedures and an independent investigation into existing measures purporting to deal with discrimination complaints. That's the only way to protect officers facing similar discrimination in the future." The Met said Kelly, now serving as a sergeant, had received "management action" over his supervision.
Howard was supported in her case by the Metropolitan Police Federation. The Met also said: "Through the legal process of disclosure, the MPS provided the earlier drafts of the fairness at work documentation to the tribunal.
Its chairman John Tully said: "Whilst we are pleased that this judgment recognises that racist and sexist behaviour is unacceptable and is capable of being challenged, it is of concern that such issues are still prevalent in the Metropolitan Police Service, despite the many measures introduced to address the problem. "Quality assurance is conducted at various stages within the FAW process to ensure that any findings and conclusions reached are based upon evidence."
"Discrimination of any kind at any level is not acceptable in the police service and we must all work together to eradicate this."
A Scotland Yard spokesman said: "We are aware of the decision of the tribunal. We are disappointed at the tribunal's finding in favour of PC Howard.
"The tribunal's decision will now to be given full and careful consideration. We will review the findings, take legal advice and take forward any learning or actions as appropriate."
During the time covered by her claim, Howard was one of just 12 female officers in the DPG and only one other was black.
The DPG provides protection for foreign embassies and missions in London.
The tribunal said in its conclusions: "DPG was at the relevant time, and probably still is, an almost exclusively male and predominantly white unit.
"The claimant stood out in the unit because she was different from almost everyone else in it because she was black and she was female."
She was the only black woman in the unit managed by Kelly, the judgment said.
It went on: "She was singled out and targeted by him for almost a whole year. On his own admission he had formed a negative view of her from very early on.
"He doubted her honesty and her ability. He has not put forward any credible basis for forming such a view."
During the tribunal Howard said she felt that she had been "singled out and chosen, as a black officer, to represent diversity and to change the public image of white police shooting black youth" after she was asked to take part in a newspaper photo shoot.
She also claimed the Met have not learned the lessons of the Macpherson report, the 1999 review into the investigation into the murder of black teenager Stephen Lawrence that branded the force "institutionally racist".