Ms N Povey v The Commissioner of Police of the Metropolis Heard via CVP (London Central) — 2022

Ms N Povey brought claims of direct sex discrimination and harassment related to sex against the Commissioner of Police of the Metropolis. The case was narrowed shortly before the hearing from sixteen alleged incidents to four, all centred on events in November 2019: removal of her firearms blue card, comments said to link the removal to stress and UPP Stage 1, and an occupational health referral made on 29 November 2019.

The tribunal accepted that Officer 1 had taken the actions complained of, but it found that they did not amount to less favourable treatment because of sex. It held that the removal of the blue card was prompted by the claimant’s reaction when told she was being placed on the Unsatisfactory Performance Procedure, together with her earlier performance issues and reluctance to engage with the development process. The tribunal rejected the suggestion that Officer 1 acted on a stereotyped assumption that a woman would not cope with stress, and found that the Occupational Health referral was made to inform the decision about whether the blue card should be returned and that mistakes on the first form were attributable to inexperience rather than sex.

On the harassment claim, the tribunal found that the same conduct was not related to sex and did not have the required purpose or effect under section 26 of the Equality Act 2010. It recorded that the claimant’s own evidence was that she did not feel harassed, that Officer 1 had treated her with courtesy and support, and that any complaint about a negative atmosphere related to her previous line manager, who was not the subject of the claim. Both complaints were dismissed and no remedy arose.