Case update: R Kalam v West Midlands Police

The decision in R Kalam v West Midlands Police has recently been published by the Employment Tribunal. It is a demonstration of how costly discrimination claims can be to an employer who falls foul of employment law. 

Mrs Kalam was employed by West Midlands Police as a Firearms Officer with the Firearms Operations Unit (FOU) during the period January 2012 to March 2021. During her time working with the FOU, Mrs Kalam was subjected to sex discrimination, harassment, victimisation and detriment as a result of making protected disclosures. 

As a result of her experience during her time working for the FOU, Mrs Kalam suffered with anxiety disorder and later medically retired from the force. 

The unlawful treatment included: 

  • A failure to provide PPE that was suitable for women; 
  • Being made a “poster girl” for the FOU whilst pregnant – she was made to take part in a photo shoot and was told she would not pass the training course if she did not do so; 
  • Being required to act as a stooge in a training exercise where she was made to have her clothing cut off and then stripped to her underwear in front of male colleagues; 
  • Male colleagues often using inappropriate language around the station; and 
  • Experiencing a delay in transferring her to CID following her complaints about the treatment she experienced. 

West Midlands Police at first fought the claims and disputed that all of the events were in time, however, the Respondent later admitted liability a day before the final hearing which was then converted to a remedy hearing. The Tribunal found that any events occurring before December 2020 would have been out of time, but given the complaints, it would have been just and equitable to hear the claims in any event. 

It was considered that but for the unlawful treatment, Mrs Kalam would have proceeded to progress within the force and would have continued to work for at least a further 20 years. An employment expert concluded it would have been likely that Mrs Kalam would have reached the role of Superintendent. Mrs Kalam would have also received a favourable pension. 

Mrs Kalam has been left unable to work following her medical retirement. The Tribunal recognised the treatment would fall within the upper Vento band for injury to feelings. She has since been awarded £30,000 for injury to feelings and it has been reported she has been awarded over £820,000 for loss of earnings.  

The average payout in sex discrimination cases is £17,959. This case demonstrates the severe effect discrimination can have on an individual, not only at the time of the treatment but also the effect on their future career prospects. 

 

Author: Erin Garnham, employment law.