Employment Tribunal judgment – independent review
An Employment Tribunal upheld claims in favour of former Police Constable Rhona Malone in a judgment issued on 5 October, 2021.
In the days after the judgment, the Chief Constable made a commitment to commission an external police service to carry out an independent review of the Employment Tribunal decision and make any recommendations for action by Police Scotland in relation to performance, conduct, or culture.
The Police Service of Northern Ireland has now concluded that work and, at the Scottish Police Authority Board meeting of 26 May, 2022, the Chief Constable said Police Scotland would seek to publish the report and recommendations after giving due consideration to legitimate personal privacy considerations.
Police Scotland is grateful to the PSNI and a redacted copy of the review can be accessed here along with an action tracker outlining our response to the recommendations which can be accessed here. Progress on the recommendations will be reported to the Scottish Police Authority.
Police Scotland has sought to publish as much of the PSNI report as possible. Appendices relating to five named individuals regarding criminal considerations, or conduct or performance matters have been redacted.
Of the conduct assessments, one matter remains under assessment by the Crown Office; two officers have retired and are no longer subject to conduct regulations; one assessment is being progressed as a discipline matter and another is being dealt with by improvement action.
Risk assessments have been undertaken to ensure appropriate duty restrictions and supervision arrangements are in place.
Deputy Chief Constable Fiona Taylor QPM said: “The Chief Constable has provided a personal apology to Ms Malone for the serious issues highlighted in the Employment Tribunal judgment, including Police Scotland’s poor response when a dedicated officer raised legitimate concerns.
“The Chief Constable has also underlined his personal commitment to leading change in policing in Scotland which drives equality and inclusion to improve the experiences of all women, including our own officers and staff.”
Ms Malone’s solicitor has been provided with a copy of the review.
