Bully claim officer accuses tribunal judge over expert’s trauma testimony
A judge is to be investigated after being accused of aggressively grilling an expert witness explaining how a former police officer had been traumatised by her bosses.
Former officer Karen Harper had called for employment tribunal judge Mark Whitcombe to stand down from her case over the way he spoke to the witness, a clinical psychologist, and to her lawyer, claiming he was overly combative and dismissive.
Two years ago, she partly won a sex discrimination claim against Police Scotland when the tribunal ruled she was victimised by her boss, Sergeant Doug Bell, after she lodged a victimisation complaint against him. At the time Harper complained about the judge’s attitude during the hearing – a complaint that was rejected – and last week he presided at a hearing to decide on her compensation.
She has now made a new complaint about the judge’s continued involvement in the case and his treatment of her witnesses and lawyer. President of the Employment Tribunal service Judge Susan Walker has refused to consider Harper’s original 2020 complaint but said she will investigate new concerns after Harper’s case has concluded.
In a letter to Harper, Walker said: “Once the hearing is concluded, I will investigate the complaint made against Judge Whitcombe.”
Harper was diagnosed with posttraumatic stress disorder (PTSD) but the national force rejected claims it was triggered by an inquiry launched by Professional Standards officers weeks after she complained about alleged victimisation over part-time working. They began an inquiry after a neighbour complained about her after she allegedly shouted at a boy who was arguing with her son, then 10. The officers would spend months on the investigation, questioning nine of her neighbours and her ex-husband, eight years after their troubled marriage ended, which the force was aware of . Harper, however, was never asked about the alleged incident, which her bosses later described as “discreditable conduct”.
In a report to the tribunal, consultant clinical psychologist Mary Keenan Ross found Harper’s PTSD developed in 2015 as a result of her experience at work, after discovering an officer had asked her ex-husband “whether he wished to make a complaint against her”.
Ross reported Harper felt “the police were coming after me”. The consultant said the approach of Professional Standards “caused the beginnings of the onset of the symptoms of PTSD which became more intense and became established”.
She said Harper described feeling “powerless”. The specialist said: “Ms Harper stated she became increasingly concerned about the false allegations made against her and she believed she was at risk of further false allegations against her.”
She insisted: “I was increasingly aware of the social isolation and vulnerability as a consequence of the significant traumatic events and stressful situations which she [Harper] experienced during her employment with Police Scotland.”
Another specialist agreed Harper had been left with permanent psychological disablement and unfit to perform the duties of a police officer. In his judgment two years ago, the judge upheld only one of Harper’s claims – that her sergeant had victimised her by passing information about her to a senior officer “in retaliation” – and rejected six others.
He decided it was coincidental the police investigation was launched just two weeks after the officer lodged bullying complaints. Bell was cleared of bullying by bosses. Speaking before the judge hears evidence later this month, Harper said: “I believe I had no option but to lodge an official complaint to the head of the tribunal service.”
Scottish Conservative shadow community safety minister Russell Findlay said: “Having been bullied by a male supervisor, Karen Harper was forced from her career as a police officer and plunged into an arduous fight for justice. I share her concerns that her original complaint about this male judge was not investigated, and I’m surprised he continues to preside in this case.
“Karen Harper deserves closure. She can be proud of becoming a champion for women in Scottish policing by bravely speaking out about her ordeal and supporting others who suffered similar treatment.”
The UK Government’s Judicial Office said: “A complaint has been received and will be investigated. It would not be appropriate to comment further at this stage.”