Sacked Merseyside Police PA was “Caught in the Crossfire” of Boss’ Dispute and Unfairly Dismissed

In a recent employment tribunal ruling, Merseyside Police PA Tracey Bocking found herself “caught in the crossfire” of her boss’ dispute, which highlighted issues of misogyny and unfair dismissal. The case revolved around allegations against “strong professional women” and the “abuse of position” by a senior male officer. In this article, we delve into the case’s specifics, the tribunal’s ruling, and employment rights in similar contexts.

If you’ve experienced discrimination or unfair treatment in your workplace, please don’t hesitate to contact us for expert legal assistance. Redmans Solicitors are specialists in the employment law sector and are committed to protecting your rights.

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Merseyside Police PA Faces Misogyny and Constructive Unfair Dismissal

Tensions Arise Over Management Style

Tracy Bocking served as a Merseyside Police PA for Detective Chief Superintendent (Det Ch Supt) Emily Higham, who reported to Chris Green, the current Deputy Chief Constable (DCC). In 2020, Chris Green was Assistant Chief Constable (ACC) with strategic oversight of the North West Regional Organised Crime Unit. During this period, Higham was seconded by the Greater Manchester Police (GMP) to manage this unit.

Trouble began during a meeting in early 2020 when Det Ch Supt Emily Higham told ACC Green that his management style was suffocating. Evidently, he didn’t appreciate this criticism, as his behaviour towards her changed shortly afterwards. 

Green stripped her of decision-making responsibilities, humiliated her during meetings, and bombarded her with excessive meeting requests that disrupted her childcare commitments. Consequently, Higham frequently had to arrange alternative childcare at the last minute, resulting in her arriving late to meetings or missing them entirely.

How an Email Led to the Dismissal

Worsening matters further, ACC Green discovered an email sent by the Merseyside Police PA to her boss in January 2021. It suggested that Det Ch Supt Emily Higham use the code “Jon Rooke” to fill out her diary. Clearly, this was an attempt to prevent future disruptions from excessive meetings.

Unfortunately, Green “took offence” when he discovered the correspondence and reported the matter to then-Deputy Chief Constable Serena Kennedy. Green claimed that the conduct amounted to “dishonesty,” and the issue was subsequently escalated to anti-corruption detectives.

This occurred even though Higham had neither used the code name nor responded to the email. Moreover, neither she nor Tracy Bocking had been questioned before the anti-corruption detectives’ involvement.

Higham chose to settle her claim, while Bokcing opted for legal action. After being sent back to GMP, the Merseyside Police PA eventually resigned and took a job at the National Crime Agency. She then initiated employment tribunal proceedings, claiming sex discrimination and constructive unfair dismissal.

ET Sides with Merseyside Police PA

The tribunal concluded that GMP was liable even though the alleged discrimination occurred in Merseyside. This decision was based on GMP being the employer of the Merseyside Police PA and its failure to defend her.

Regarding the alleged misconduct, the tribunal described ACC Green’s actions as “inexplicable and arbitrary”. They could find no other justification for his behaviour apart from sex discrimination. According to the tribunal, “Green could not deal with, or somehow felt undermined by, strong professional women in his former leadership role”.

Consequently, the tribunal ruled in Tracy Bocking’s favour, stating that the police force had discriminated against her based on sex and constructively unfairly dismissed her. The tribunal has directed the parties to make efforts to settle the case between themselves moving forward.

Need Employment Law Help?

In the UK, eligible individuals are protected against constructive dismissal and sex discrimination under the Equality Act 2010 and the Employment Rights Act 1996. If your rights have been violated, several steps can be taken to seek justice.

If possible, it’s advisable to have an informal discussion with your employer initially. This approach can sometimes lead to a quick resolution, avoiding the costs and stress associated with legal action.

Should an informal chat be unsuccessful or not feasible, consider raising a formal grievance. Employers typically have procedures in place for filing such complaints, so inquire about the process. Once a grievance is raised, your employer is legally obligated to follow a specific procedure, including responding within a certain timeframe.

However, a formal grievance might not always resolve the issue. Pursuing legal proceedings could be your next step if this is the case. It’s advisable to obtain legal advice and ensure you satisfy the eligibility criteria. Failing to do so, or submitting your claim outside the time limits, could result in your case not being heard.

If you would like expert employment law advice, contact Redmans Solicitors now. With years of experience, we are specialists in the sector and can answer your queries before navigating you through the legal process. 

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