PC 1268 Tom Hamer

Finding of facts

I have been able to consider my findings of facts in the case of PC 1268 Tom Hamer, having been provided with documentary evidence in this case and been able to consider the representations made in this hearing today.

PC Hamer it is alleged has breached the Standards of Professional Behaviour as a result of his conduct. The allegations that I am asked to consider are:

On 10 December 2023 PC Hamer has said to a younger and less experienced
officer "Is the child feeling better now he has eaten"
2. On 22 December 2023 PC Hamer said to a gay female less experienced that
she was a "Manwoman"
3. On 2 February 2024 PC Hamer said to a gay female less experienced colleague
"Do you like vagina now then" and "Does vagina taste good"
4. On Jth February 2024 PC Hamer said to a gay female less experienced colleague
"How does it work with a girl being on top of a girl" and "so does scissoring
actually work"

It is further alleged that this conduct, if proved, amounts to breaches of the Standards of Professional Behaviour with regards to:

• Authority, Respect and Courtesy
• Equality and Diversity
• Discreditable Conduct

I have read the officer's regulation 54 response and note that allegations 3 and 4 are accepted in full.

Allegation 1, whilst the comments made are accepted only a breach of the SPB for Authority Respect and Courtesy is accepted. Breaches of Equality and Diversity and Discreditable conduct are not accepted.

In relation to allegation 2, the comment  is accepted as is the breach of the SPB for Authority, Respect and Courtesy and Discreditable Conduct. However, the breach of the SPB in relation to Equality and Diversity is not accepted.

I am required to determine on the facts in this case whether I consider the alleged conduct in relation to allegations one, two, three and four are proved. In reaching these determinations I remind myself that I must apply the balance of probabilities as the standard of proof, and the burden satisfying me to that standard falls on the Appropriate Authority. Applying that standard and burden, I deal with the allegations individually.

In relation to allegation one, I find this proven and specifically in respect of the SPB I believe it amounts to a breach of Authority, Respect and Courtesy as accepted by PC Hamer. In relation to the SPB for Equality and Diversity, I also found this proven, I do not believe the officer would have made the comment 'is the child feeling better now he has eaten' had not been a young in service and junior officer to him. I also note that they felt the comment from PC Hamer was pointing to his relative youth. In respect of discreditable conduct, I also find this proven because the words used by PC Hamer serve to undermine confidence in him and the wider policing service; they fallwell below the standard I and the public expect of a serving officer.

In respect of allegation two, PC Hamer accepts the language he used­ - and accepts it amounts to a breach of the SPB for Authority, Respect and Courtesy as well as Discreditable Conduct. I find this to be proven. Furthermore, I find that he breached the SPB of Equality and Diversity. I find the use of the word 'manwoman' to be inherently discriminatory. I find that the phrase would not have been used had she not been a gay woman. In addition, I find the phrase 'manwoman' to fall fundamentally below the standards I and the public are entitled to expect from a serving officer. Such language is highly inappropriate and serves to undermine public trust and confidence.

In respect of allegation three, this is admitted in full, and, accordingly, I find it proven in full. The SPBs it is admitted are breached are those of Authority, Respect and Courtesy, Equality and Diversity and Discreditable Conduct. PC Hamer had a conversation­ in which he used language that was unacceptable. Specifically, to ask a gay female colleague 'do you like vagina now then?' and 'does vagina taste good?', is inappropriate, unacceptable and discriminatory. I find that PC Hamer would not have made these comments had it not been for the fact that was a gay female colleague. His actions fallway below the standards I and the public expect from a serving officer.

In respect of allegation four, this is admitted in full; accordingly, I also find proven in full.

The SPBs it is admitted are breached are Authority, Respect and Courtesy, Equality & Diversity and Discreditable Conduct. PC Hamer had a conversation

in which he used language that was unacceptable. Specifically, 'how does it work with a girl being on top of a girl?’ and ‘so does scissoring actual work?’ is inappropriate, unacceptable and discriminatory. PC Hamer would not have made these comments had it not been for the fact that  was a gay female colleague. His actions fall way below the standards I and the public expect from a serving officer.

Finally, I have reminded myself that gross misconduct is a breach of the Standards of Professional Behaviour so serious that dismissal would be justified. Applying that definition, I am satisfied that PC Hamer's breaches of the Standards of Professional Behaviour as found above amount to gross misconduct. 

Andy Prophet Chief Constable
Hertfordshire Constabulary