Two armed police officers have won their sex discrimination case against Police Scotland after they were moved out of the firearms unit for having taken a selfie with the pop star and radio presenter Tallia Storm.
The employment tribunal in Edinburgh awarded PC Jones and PC Tunnock £48,600 after they were both directly discriminated against because of their sex when Police Scotland permanently withdrew their firearms authorisation and transferred them.
The tribunal concluded that the decision of an assistant chief constable was “inextricably and impermissibly” linked to the sex of the claimants. The judgment stated that it amounted to a “knee-jerk reaction” in response to adverse media coverage of male officers in the firearms unit, where former female officer Rhona Malone had been awarded almost £1 million for sex discrimination in 2022.
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The tribunal found that Ritchie had formed the view that Jones and Tunnock had acted in a manner which could be perceived as sexist by having a picture taken with a female celebrity.
His view was influenced by his perception that the male officers at the armed unit still had a “boys’ club” mentality and were institutionally sexist.
The judgment said: “There was nothing which could reasonably be perceived as sexist or misogynistic in the claimants’ interaction with Ms Storm, who had welcomed and been delighted with the engagement with the claimants.”
Jones and Tunnock had worked in the operational services division at Police Scotland since 2023 and 2021, respectively. They had received awards and commendations for their service.
Tallia Storm selfie
On 1 March 2024, they were on patrol near Hollyrood in Edinburgh. They had a locked armoury in the boot of their marked car and both were also carrying a firearm and a taser, as was normal procedure.
The tribunal heard that Jones was driving the vehicle and as they slowed down, Tunnock recognised Storm and asked her if she knew why there was a crowd of people.
He then asked if they could have a selfie with Storm. Both officers got out of the vehicle and Jones took a photo of Tunnock and Storm. One of Storm’s companions videoed the interaction.
Tallia Storm said “This is great” when the officers pulled over. Photo: Sipa US/Alamy
The panel heard it had been the officers’ intention to give the photo to the force’s communications department as an example of them engaging positively with the public. Neither Jones nor Tunnock posted it on social media.
After the minute-long interaction, both officers got back in their vehicle and continued their duties.
The two officers became aware on 2 March that the video had been posted on Storm’s TikTok account. Around 500 comments, both positive and negative, were posted below the video.
Police Scotland’s response
Inspector Andrew Miller expressed his disappointment with the pair in individual meetings the following day. Miller said that the matter would likely be viewed negatively by senior management and that, because of the unit’s history, he was concerned it could be considered as misogyny by senior management.
Former chief constable Iain Livingstone had stated publicly in 2023 that Police Scotland was institutionally racist and sexist.
The decision was inextricably and impermissibly linked to the sex of the claimants. It amounted to a knee-jerk
reaction in response to adverse media coverage of male officers” – judgment
Miller told both officers their firearms authorisation would be temporarily suspended pending review by the Professional Services Department.
The Scottish Sun ran an article on the pair’s interaction with Storm on 5 March. Assistant chief constable Gary Ritchie read the article, viewed the video and looked at some comments below the video.
The tribunal heard that, despite recommendations that the officers’ firearms approval could be reinstated, Ritchie took the decision to permanently withdraw their authorisations.
Tribunal decision
The judgment said: “[Ritchie] took the decision based on his view that there was something sexist or misogynistic or which could appear to be sexist or misogynistic in the claimants having their picture taken with a female celebrity.
“While [he] sought to emphasise the relevance of the claimants having stopped the car on a double yellow line in his decision making, the tribunal came to the view that he took the decision principally on the basis of his unwarranted perception of the claimants’ conduct as male officers and that there was something inappropriate about it.”
The panel formed the view that Ritchie wished to make an example of the claimants. “The decision of [Ritchie] to permanently withdraw the claimants’ firearms authorisation amounted to direct discrimination,” said the judgment, “based as it was on his subjective views of male police officers’ conduct rather than the conduct of the claimants as individuals and an unreasonable assessment that there had been something sexist or inappropriate in the claimants’ conduct towards Ms Storm.
“The tribunal was also of the view that there was no evidence to suggest that female officers in the same circumstances, that is, having stopped on a double yellow line, engaged a celebrity (male or female) in conversation, and had their picture taken with them, would have been treated in the same manner.
“Indeed, given that the evidence of [Police Scotland] was that they had difficulty in recruiting and retaining female officers, the linkage of the respondent of the claimants’ conduct to issues of male officers’ conduct towards women and reference to equalities issues, the tribunal concluded that female officers would not have been treated in the same manner.”
Both officers had taken time off sick following Police Scotland’s decision, and the tribunal heard it had had a “significant impact” on their mental health.
Police Scotland were ordered to pay Jones compensation of £24,800, comprising loss of income of £2,650, injury to feelings of £20,000 and interest, and Tunnock compensation of £23,800, comprising loss of income of £1,670, injury to feelings of £20,000 and interest.
Claims of victimisation and harassment for reasons related to sex were dismissed by the tribunal.
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