A prison boss admitted an officer team was plagued by "playground antics" and he "potentially" should have reached a different outcome in handling bullying allegations, a tribunal heard today.
John O'Connor, current operational advisor for the Scottish Prison Service, gave evidence at the Edinburgh Employment Tribunal on Tuesday, August 4. Agata Stankiewicz, a former residential officer at HMP Edinburgh, has alleged that officers bullied colleagues in the prison's Ratho Hall, causing officers to "break down" at work.
Allegations of 'mean girl club'
Stankiewicz described a "mean girl club" work environment where some officers "singled out" colleagues and wrote "nasty" messages on a professional white board. She reported the behaviour to management in 2024 in a string of emails.
O'Connor, then a unit manager, told the court he was aware of a "playground antics" culture in Ratho Hall but largely expected line managers to handle disputes. When Stankiewicz reported the behaviour, he consulted HR.
Tribunal questions
Employment Judge Jane Porter questioned O'Connor about whether Stankiewicz's report raised "alarm bells" and why he did not take more direct action instead of "pushing it to HR".
She said: "[Mrs Stankiewicz] gave cogent evidence how [if the behaviour took place] in Tesco this wouldn't be of interest. In your circumstances [in a prison setting] would not this be of interest?"
O'Connor claimed he consulted HR because he "needed guidance about how to handle the situation" and "my reaction was concern at the time which was why I was seeking guidance."
Safety risks
Stankiewicz claimed bullying poses a significant risk to officer safety, saying: "If prisoners see this white board and see [a nasty message] about another officer, they think 'there is a divide and we can target those officers and no one will defend them.'"
She described how officers have been stabbed, had ribs and noses broken, and even lost fingers in violent incidents involving prisoners, adding: "You need to know your colleagues will have your back if there is any trouble."
Investigation and decision
An investigation was launched whereby prison boss Jill Dollard conducted interviews and reviewed evidence. She concluded two offending officers had a case to answer. However, the court heard that O'Connor disagreed with her findings and deemed the officers had no case to answer in a subsequent disciplinary hearing.
Judge Porter said she was "confused" by O'Connor's decision which seemed to contravene Dollard's conclusion.
He replied: "It was a lot of 'he said, she said'. There were two different camps at the time. I believe with the information I had in front of me, that was the best course of action."
Transfer and whistleblowing
O'Connor denied the subsequent decision to move Stankiewicz to a new ward was "targeted". Stankiewicz alleged she was transferred from Ratho Hall because of her whistleblowing, though O'Connor claimed transfers are "chosen on balance of experience and competency in each area."
He added: "People aren't employed to be a residential officer in Ratho Hall. They are employed to be at HMP Edinburgh and can be moved accordingly within that."
The court also heard staff transfers routinely occur without warning. O'Connor denied Stankiewicz was moved as a "punishment" for her disclosures.
Admission
Under cross examination, O'Connor admitted that, looking back, he would "potentially" reach a different outcome regarding the officer responsible for writing a nasty comment on the white board.
He said: "I do think there would be other avenues that could be reached at that point."
O'Connor also conceded he was aware at the time Stankiewicz's claims were considered whistleblowing and that she should not suffer any detriment as a result of making such disclosures. He further admitted she did the right thing by reporting the behaviour.
Employment Judge Jane Porter presides over the hearing. The tribunal continues.
