Former firearms officer awarded £820k after being ‘stripped to underwear’ at work

A former firearms officer has been awarded more than £820,000 after winning a sex discrimination case against West Midlands Police.

Ms. Kalam worked for the force for 15 years but retired on medical grounds after she was subjected to sex discrimination at work.

The former employee alleged she was stripped down to her underwear during a police training course, and was told by a male officer that ‘just because you have t*** does not mean you cannot do a press-up’ as he pushed down his foot on the back of her neck.

The employment tribunal also heard that Ms. Kalam was not given an ‘easy trigger’ gun like male officers, and was told to wear a compression bra to fit into body armour designed for men.

She was also forced to pose for a photo shoot when she was five months pregnant, and was told that she would not pass a training course if she did not agree to be a ‘poster girl’ for the firearms unit.

The 40-year-old was awarded £30,000 by the tribunal for discrimination and sex harassment in November.  But the employment judge ruled that the former detective inspector should also be compensated for loss of earnings and pension, on the basis she would have retired as a Superintendent at the age of 60.

At a hearing in Birmingham to determine the figures, a judge ordered West Midlands Police to pay her a total of £820,720 for her loss of earnings and pension.

Ms. Kalam said:

“Instead of promptly carrying out a thorough investigation when I reported these issues, West Midlands Police engaged in a campaign of victim blaming. However, my experience has shown that truth is authentic vindication.

“It has taken the loss of my career, health, and security to plead with WMP to not leave women at risk, including its own female officers through lack of provision of gender specific uniform and through discriminatory practices.

“I have sought to highlight to the force that they must take action to address the risks and consequences left as result of ignorance or procedural failure.

“Our officers deserve more, and the public expect nothing less.”

According to reports, the West Midlands force has now confirmed three serving firearms officers are currently suspended and ten are in the disciplinary process.

Following the hearing, the force’s Deputy Chief Constable said a raft of improvement measures have since been introduced, including involving female firearm officers in the testing of new gender-specific uniforms and equipment.

What is harassment at work

Harassment is when you experience unwanted behaviour, more than once for example bullying or anti-social behaviour. Harassment at work is unlawful under the Equality Act 2010 if it is related to the following:

• Age, sex or race
• Disability
• Gender reassignment
• Marital/civil partnership status
• Pregnancy and maternity
• Religion or belief
• Sexual orientation

What is sexual harassment?

The Act also states says it’s sexual harassment if the unwanted behaviour:

• Violates your dignity
• Creates an intimidating, hostile, degrading, humiliating or offensive environment (this includes the digital environment, online)

Discrimination at work – what does it look like?

Discrimination at work is also unlawful under the protected characteristics as listed above.

Discrimination in the workplace is not necessarily obvious. Please see below the different forms of discrimination which may present themselves in the workplace:

• Direct Discrimination – Treating a person less favourably because of one or more Protected Characteristics.
• Indirect Discrimination – There may be a workplace provision, criterion, or practice (PCP) which is not intended to be discriminatory but which has the effect of disadvantaging employees with a particular Protected Characteristic. For example, a policy that unfair disadvantages a group of employees with one of the Protected Characteristics.
• Harassment – Harassment occurs when an employee is subjected to unwanted conduct relating to one or more Protected Characteristic which has the purpose or effect of either violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for the employee.
• Victimisation – Victimisation means being ‘punished’ for reporting something at work that you believe is unfair such as being discriminated against.

How to make a claim

Employers are responsible for preventing harassment at work and can be held liable for any harassment suffered by their employees.

Generally, an employee must start ACAS Early Conciliation within three months less a day from the incident or decision that they wish to complain to their employer about, even if a grievance or grievance appeal process is still ongoing.

If an employee does not start ACAS Early Conciliation within that time period then they may be prevented from bringing a claim against their employer before an Employment Tribunal.

It is important that you seek legal advice as soon as you are able to ensure that you do not inadvertently pass the time frame in which you have to bring a claim before an Employment Tribunal. It is also highly beneficial to collect any evidence relating to your claim.

Further reading

Workplace discrimination, harassment and bullying – Oakwood Solicitors

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