The Metropolitan Police has been found guilty of indirect race discrimination by an employment tribunal, which ruled that its policy of automatically pausing and in some cases rescinding promotions for officers facing misconduct accusations disproportionately affects Black officers. The tribunal found that this policy puts Black officers at a particular disadvantage compared to their white counterparts.
Citing the March 2023 Baroness Casey review, the tribunal noted that Black officers are 81 percent more likely to be involved in the misconduct system than white officers. Employment Judge Lisa Wilson stated that the Met's policy of halting promotions for officers under investigation for misconduct is racist because it "inevitably bear[s] more heavily" on Black officers, potentially leading to significant reputational and professional consequences even if they are later cleared.
The ruling came in the case of a Black sergeant who claimed indirect race discrimination after her promotion was paused and subsequently rescinded when she faced allegations of fraud, of which she was ultimately found to be a victim. The sergeant, who joined the Met in 2007, had her promotion to Sergeant halted after her WhatsApp account was hacked in September 2023, leading to an investigation for gross misconduct.
Despite initially being moved to her new role, her promotion was rescinded in December 2023 when human resources were informed of the misconduct investigation. She was returned to her previous role as a Police Constable. An appeal was unsuccessful, and her promotion remained on hold until the misconduct hearing concluded with no case to answer. She was subsequently promoted.
Judge Wilson ruled that the Met's practice of not allowing officers to be promoted while under investigation, without considering mitigating circumstances, constitutes indirect discrimination. This approach was found to be inconsistent with police promotion procedures that require an assessment of individual case circumstances. The tribunal was satisfied that this policy placed Black officers at a disadvantage due to their overrepresentation in the misconduct system.
The tribunal concluded that the promotion policy was not a proportionate means of achieving a legitimate aim, such as maintaining public confidence in policing. The judge determined that the Met had not demonstrated that the policy struck a fair balance between its needs and the discriminatory impact on Black officers, including the specific case of the sergeant whose promotion was rescinded, leading to immediate reputational and professional harm. The sergeant is now in line for compensation after the remedy hearing. Her claims of direct race and sex discrimination, and indirect sex discrimination, were dismissed.