The Sunday Post (Newcastle)

Bully claim officer accuses tribunal judge over expert’s trauma testimony

- By Marion Scott CHIEF REPORTER

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.”

 ?? Main Picture Andrew Milligan ?? Former police officer Karen Harper, above, has lodged a second complaint against tribunal judge Mark Whitcombe
Main Picture Andrew Milligan Former police officer Karen Harper, above, has lodged a second complaint against tribunal judge Mark Whitcombe
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