What’s Behind the Race Discrimination of Three White Police Officers?
We cannot solve racism with racism
In recent days, three white police officers won their discrimination claim against Thames Valley Police (TVP) after they were blocked from applying for a detective inspector position on a Priority Crime Team. Employment Judge Robin Postle said the case "clearly constituted positive discrimination" on account of their race.
Detective Inspector Phillip Turner-Robson, Inspector Graham Horton and Custody Inspector Kirsteen Bishop had been working for TVP for between nineteen and twenty-six years when plans were discussed for a job advert in August 2022. Turner-Robson expressed his interest on the same day. The following month, Superintendent Emma Baillie moved Sergeant Sidhu into the role despite the sergeant not having been promoted to inspector at the time. No competitive process was instigated. The tribunal heard that Supt Baillie was told to “make it happen” by then Deputy Chief Constable Jason Hogg. Judge Postle concluded:
"It went beyond mere encouragement, disadvantaging those officers who did not share Sgt 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.”
The UK police’s relationship with ethnic minorities can be sensitive for historic reasons, notably in London. But it is curious that this happened at TVP, which covers the predominantly white counties of Berkshire, Buckinghamshire and Oxfordshire (with exceptions including Slough which is 46% Asian). That TVP felt such intense pressure about the ethnicity of its workforce is a cause for concern.
It is not the first time this has happened. In 2019, Matthew Furlong, a straight white man, won an employment tribunal against Cheshire Police, which found that the force had discriminated against him on the grounds of sexual orientation, race and sex. As the first reported case of its kind in the UK, the tribunal ruled that the constabulary had used positive action – taking steps to recruit specific groups – in a discriminatory way. Jennifer Ainscough, an employment lawyer, said that though positive action was a useful way to increase diversity, it should be “applied lawfully” to ensure the "highest calibre of candidates are recruited regardless of race, gender or sexual orientation."
Cheshire Police was under considerable strain. In 2017 Chief Constable Simon Byrne demanded a legislation change where "for every white officer we recruit one black officer." Shockingly, he had contemplated breaking the law:
"I've even taken legal advice about breaking the law, which might sound crazy as a police officer … But if we're put under pressure to change, then what are the consequences, other than reputational, from [breaking the law]?"
Such a response is extreme but understandable. Being accused of racism can be a terrifying experience, especially in the workplace, as it quickly leads to presumptions of guilt. Predominantly white areas can be especially vulnerable to this as there aren’t so many ethnic minority people with whom to discuss the issue. This makes it harder to challenge people who say things like “all black people think this way.”
The problem stems back in part to 2015, when Theresa May, then Home Secretary, singled out four forces for having no black police officers. She criticised Cheshire, Durham, Dyfed-Powys and North Yorkshire Constabularies, despite each having an ethnic minority population of less than five percent at the time. Today however, other more organised factors are at play.
In the TVP case, Supt Baillie tried to "retrospectively justify" her decision by saying it came under a "BAME progression program which clearly did not exist at the time." However, in October 2022 – just a month after the discrimination took place – TVP announced that it had appointed an Independent Scrutiny and Oversight Board as part of the national Police Race Action Plan.
In the same year, TVP became the first regional force to be awarded Trailblazer Bronze status by Race Equality Matters (REM), which collaborates with numerous organisations including the Prince’s Trust and the Teenage Cancer Trust. The medal lasts for twelve months, and the force was also awarded Safe Space Plus Trailblazer status. Initiatives include safe spaces where officers and staff can conduct meaningful conversations about diversity and inclusion, and a Sergeant to Chief Inspector Programme which aims to increase the diversity in operational senior ranks. Other medals offered by REM include Silver, Gold and Platinum.
In June of that year, the force announced it had signed up to the Race at Work charter. Launched in 2018 by Business in the Community (BITC), the charter requires organisations to “make equity, diversity and inclusion the responsibility of all leaders and managers.”
Other elements of the charter involve appointing an Executive Sponsor for race and supporting “race inclusion allies” in the workplace. Signees must also include “Black, Asian, Mixed Race and other ethnically diverse-led enterprise owners in supply chains.” TVP said this would “improve the trust and confidence of its diverse communities in Berkshire, Buckinghamshire and Oxfordshire” – a curious reason for an area with a small ethnic minority population. It rather sounded like the force was reading from a script.
BITC is an extraordinarily influential organisation. Supported by His Majesty the King for over 40 years, it describes itself as “the UK’s largest and most influential responsible business network dedicated to building a fairer and greener world together.” If TVP felt nervous at the prospect of being assessed by such a powerful body, it is entirely understandable.
Over 800 UK organisations have committed to the charter, for example the Crown Estate, the British Psychological Society and Channel 4. Government departments such as HM Treasury, HM Revenue & Customs and HM Prison & Probation Service are also listed in the August 2024 signatories, along with the House of Lords and the House of Commons. The Medicine & Healthcare Regulatory Authority has signed up, as have various London boroughs. Several constabularies have consented, along with the Independent Office for Police Conduct, the National Police Chiefs Council, and the Ministry of Justice.
This is a lot even for a longstanding organisation with links to the British monarchy, and it needs to be scrutinised along with REM. Other highly influential, widely trusted organisations – Stonewall being the obvious example – have been ideologically captured in recent years. What theories are underpinning the BITC’s charter? Alternate organisations like The Equiano Project must have a fair chance in offering support and advice to major organisations. A diverse range of approaches is paramount.
Overall, the UK needs more nuance in ensuring that we fully move on from the difficulties of the past regarding the police’s relationship with ethnic minorities. Recommendation 21 of the Sewell report advises creating police workforces that represent the communities they serve, citing the Metropolitan Police’s “residency requirement” to help them to achieve their target of 40% ethnic minority representation in the workforce. Somewhere like Vale of White Horse in Oxfordshire will obviously require different targets. Predominantly white communities must not be put under so much social pressure that they overreact and start discriminating in the opposite direction. We cannot solve racism with racism.
Vicki is a writer from England's border with Wales. Her main interests are politics, arts and culture. She is also a keen amateur potter and sculptor.
You can follow Vicki on Twitter, @storiesopinions
I am retired from the arts in Scotland. Prior to retiring I witnessed an explosion of ‘black only/BAME/BIPOC/global majority’ programs and posts being advertised. Am I right that these are illegal? I saw the same people who met the criteria get hired again and again (Scotland is 93% white). It seems there is a disproportionate amount of funds available for such projects and posts (to counter racism/colonialism). When access to arts and arts opportunities in particular in (white) areas with much deprivation are overlooked.
This started by Tony Bliar’s New Labour government many years ago.
It started, quite reasonably, with the insistence that government departments should be blind to the candidates skin colour and sex. Rules were introduced to ensure people were chosen on experience and ability, all perfectly reasonable.
However the problem starts with dumb government (and it is also prevalent in the private sector) setting targets, once targets are set they change the behaviour of everything gets manipulated to achieve them.