Landmark ruling aids couples working together

A police inspector has won a landmark victory for working wives after an employment tribunal ruled she had been denied promotion because her husband was her senior officer.

The ruling, which found the police guilty of marital discrimination, will help thousands of wives as well as husbands who have been held back in their jobs because their spouses work for the same organisation.

Mr Justice Douglas Brown, in a written judgment sent to the parties, dismissed arguments raised by Bedfordshire Police that Inspector Margaret Graham would be compromised in court if she ever had to give evidence against her husband, the divisional commander. The ruling paves the way for an estimated four- figure compensation award to be settled at a later hearing.

Inspector Graham married a chief superintendent in the same police force in April 1998. The following year she applied for the post of area inspector at Houghton Regis. Her application at first succeeded but was later turned down after the Chief Constable of Bedfordshire, Michael O'Byrne, discovered that Inspector Graham's husband was also the Houghton Regis divisional commander.

Mr O'Byrne justified his decision on the basis that she would not be able to give evidence against her husband in a court if he was ever charged with a criminal offence.

The police also said that officers would have difficulty in bringing grievance procedures against her if her husband was the senior officer for the area.

The married relationship between the two officers would also cause problems in taking disciplinary action against her if she was underperforming, the Bedfordshire force claimed.

A tribunal last year said that these reasons were based on speculation and the police should be able to find ways to overcome their objections.

Bedfordshire immediately appealed, but the Employment Appeal Tribunal has now dismissed the appeal.

Inspector Graham, represented by the London law firm Russell Jones & Walker, said after the ruling: "This has been an ordeal and has had a detrimental effect on my health and my family life. The worst aspect of this case was that I was denied promotion because of who I was married to, irrespective of my capabilities."

Her solicitor, Celia Grace, said the case would have implications for married couples who work together in many other walks of life.

John Francis, general secretary of the Police Federation's inspectors' committee, said: "This case should ensure that all officers in a similar position are able to pursue their careers irrespective of their marital status." A survey commissioned by the Police Federation, and given as evidence to the tribunal, found that only five of 26 forces that responded adopted a similar policy on married couples to Bedfordshire.

Only one force gave evidence to the tribunal of a specific example of how problems had arisen when an officer was supervised by her husband.