Tribunal finds WhatsApp group referred to Emma Bond in ‘misogynistic’ terms as ex-Derry police chief wins sex discrimination case

The first ever female police commander in Derry has been awarded £31,104.72 in compensation after bringing claims of sex discrimination and detriment on the ground that she had made protected disclosures against the PSNI.

In a judgment published this week, it was revealed the claims came after Ms. Bond was informed on April 27, 2020, that officers in her district had ‘not attended for duty and had remained at home, while continuing to be paid'.

Ms. Bond reported the issues to PSNI management that day.

In a text to a superior she stated: “I’m raging and so embarrassed I would never condone that and so annoyed they’ve thought not only they could do it but that they’d get away with it.”

A further text added: “I’m also considering re critical incident and have a meeting scheduled with Senior Management Team (SMT) after I rollock the section at 7am to look at closing whatever gaps allowed this to happen. I am mortified that this has happened. Apologies.”

The senior officer agreed the actions of the officers who remained at home whilst on duty amounted to ‘a critical incident, in light of the potential reputational damage to PSNI'.

He was supportive of her proposal of addressing the matters in a 'robust fashion' the following morning.

On April 28, 2020, 122 officers attended two briefings at which Ms. Bond said she was referring the matter to the PSNI's Professional Standards department over potential misconduct. A number of complaints were subsequently made by officers.

"The tribunal finds that the briefings were robust, reflecting the claimant’s annoyance and embarrassment at what had transpired under her command.

"The claimant in cross examination disputed the version of events put forward in the four complaints which were made regarding her behaviour at the briefings.

"However, the claimant accepted that she had said 'Do you think I got here by being a t**t?'

"The claimant’s candid acceptance of this remark, even though it did not reflect well on her, adds credibility to her account of what occurred at the staff briefings and in the absence of evidence from any other attendee or any internal investigation which established the allegations of the complainants as factual, the tribunal accepts her account,” the judgment states.

The first complaint against Ms. Bond was received on May 12.

It alleged, the tribunal reports, she “lost control, was abusive".

As a result of this complaint the claimant was informed she was being investigated for gross misconduct, an allegation that was not upheld.

On August 13, 2020, Ms. Bond was interviewed for the role of Temporary Assistant Chief Constable but was unsuccessful and on September 4, 2020, met Chief Constable Simon Byrne for feedback.

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"The claimant became upset during this discussion and challenged the Chief Constable as to whether he still had confidence in her. During the course of the conversation, she discussed the difficulties presented by her new command post in Derry City and Strabane, including the strain of travel and the nature of the accommodation available to her.

"The claimant also informed him that she had not asked to move when he referred to the upcoming Senior Management Appointment Panel but conceded to him that she dreaded going into work. She referred to how difficult it was for her coping with being under investigation for gross misconduct.

"However, she also stated that she had a job to do and her record of meeting (which the tribunal accepts) recorded that she had said she could make a real change with the right team,” the tribunal notes.

The judgment goes on to detail how Ms. Bond was the subject of ‘disrespectful and misogynist messages’ in a WhatsApp group.

"In or around September 2020, the claimant was referred to in disrespectful terms by officers in a WhatsApp group. The discussion was caused by one participant stating:- ‘apparently Emma Bond sent out an email saying as well if you’re in work with symptoms you could be referred to PSD’.

"Another group participant responded:- ‘the last disciplinary promotion project went well’.

“A further abusive response stated:- ‘what a f*****g stupid c**t think we all know how she got promoted now,’” the tribunal reports.

Ms. Bond was replaced as Derry police commander and transferred to the Police College.

In 2021 she brought sex discrimination and detriment on the ground that she had made protected disclosures claims which have been deemed well-founded.

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The tribunal found she was treated less ‘favourably than a hypothetical comparator’ who was male.

“The tribunal is left with the impression that in a disciplined organisation robust management of the section was something that on occasion may occur, and would not have been expected to have been the occasion of a complaint. Mr. Phillips [Ms. Bond’s counsel] submitted that:- ‘The claimant was the first female Commander of DCS. Her case is that in addition to being motivated by her disclosures, those who lodged complaints did not appreciate being spoken to in firm terms by a female superior.’

"The tribunal has evidence before it of misogyny and disrespect from within the lower ranks in the form of the WhatsApp messages disclosed...In this context, the tribunal agrees with the claimant that it is noteworthy that no female officer complained about the claimant following the briefing.”

In response to the ruling, PSNI Chief Operating Officer Pamela McCreedy, said: “The PSNI will take time to fully consider the written judgment.

“It would, therefore, be inappropriate to comment further at this time.”

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