A police chief sacked for using the term 'p****s' in a WhatsApp message to a colleague was unfairly dismissed because the remark was a 'one-off slip', a hearing was told today.
Chief Special Officer Tom Haye was fired for gross misconduct after he used the slur, which is considered derogatory towards Romany Gypsies and members of the Irish Traveller community.
Today he launched an appeal against the decision - arguing he should not have been sacked as he 'does not have a racist mindset' and was in a rush when he sent the message.
CSO Haye's lawyer, Edmund Gritt, argued that the previous misconduct hearing took the 'wrong approach' to the case.
Mr Gritt said the dismissal of Hampshire Police's most senior special officer for a 'one-off slip' is 'unnecessary' because there is no evidence he has racist views.
Speaking at the virtually held appeal hearing, Mr Gritt said: "This is a man who has had 30 years of voluntary service for the police and there has been a slip on a single occasion.
"He used a word he should not have used, but that slip is not one that so damages his position that dismissal is a reasonable outcome.
"In speech, we can all make mistakes and slips and use a word we would not customarily use.
"Does that shine a light to suggest that there are concerns that particular groups would be treated any less fairly by that officer? That is the question.
"If [CSO Haye] has a racist mindset he should be dismissed.
"But if [the public] know that this is a one-off from a man who does not have a racist mindset or racist views, then the public would not expect dismissal and might be concerned that dismissal is an unnecessary outcome."
The Hampshire Constabulary officer had been chatting to a colleague who was house-sitting for him in May 2018 whilst he was in America when he sent a message reading: 'keep the p****s out'.
Haye, who was the most senior Special officer in the force and in charge of more than 100 Specials, also claimed he was rushed at the time.
Mr Gritt explained CSO Haye was in the American capital of Washington DC when he sent the WhatsApp message, and was frantically 'packing' a hire car in preparation of a four-hour journey to North Carolina.
Mr Gritt added: "He [CSO Haye] was picking up a rental car at the airport for a four-hour trip to North Carolina.
"Speaking in the previous tribunal hearing, CSO Haye said: 'I was chucking bags in the car and wanted to get the text out that it was ok for [my colleague] to stay at my house. It was very quick'.
"We will be aware of the instant, rapid speed at which messages are sent - it is not quite the spoken word, but it is getting closer to that."
Mr Haye, who also works in IT, had earlier blamed his use of the offensive word on the fact he was bilingual and 'didn't properly think' about the word's context in English.
He said: "I would like to apologise for any offence given by this term.
"I am a bilingual Dutch national and, in haste, I used the term as a direct substitute for the Dutch word to steal – ‘pikken’ – without properly thinking through its derogatory meaning in English. I refute I meant it in any pejorative manner.
"At the time, there had been burglaries near where I lived. My friend was house sitting while I was away to deter any thieves and this was the context for the conversation.
"[The decision to dismiss me] is disproportionate to what I did, especially in relation to other much more serious recent offences in Hampshire where police officers were not dismissed.
"Finally, I take comfort in the fact my friends and family know I am in no way prejudiced against anyone."
Specials serve as volunteers and are unpaid.
The appeal hearing is ongoing.
