A British policeman who was unfairly passed over for promotion in Bermuda has won a landmark case at the Supreme Court.

Michael Harkin filed an internal complaint with the Bermuda Police Service in October 2009 when several Bermudian colleagues were promoted ahead of him — even though some had scored lower marks in their sergeant exams.

Just months later he was forced to leave the Island after being told his relationship with the force was “no longer harmonious” and his contract would not be renewed. His sudden termination prompted Mr Harkin to embark on a six-year legal battle with the public office of the Commissioner of Police that ended yesterday with the Supreme Court ruling that he had been discriminated against on the grounds of his place of origin.

“I’m definitely satisfied with the result,” Mr Harkin told The Royal Gazette from Coventry, England, where he works as a police officer. “It’s been a long time coming. It was never my intention that this would go to court, I had been in favour of mediation after meeting with the Bermuda Police Association at the time, but the police service kept wanting to fight it.

“This was never about money for me, it was about the simple principle that I was unfairly treated and this was borne out in the Chief Justice’s judgment.”

In 2013, Mr Harkin took his case to the Human Rights Commission (HRC), where a board of inquiry ruled in his favour and awarded him about $100,000 — although the exact figure was unclear. However, the police service appealed against the decision, while Mr Harkin appealed against the sum he was awarded.

Yesterday afternoon, Mr Harkin won a double victory after Chief Justice Ian Kawaley dismissed the Commissioner of Police’s appeal and ruled Mr Harkin’s appeal should be upheld. It is understood that Mr Harkin is now set to benefit from more than $200,000 in damages.

“Hopefully now it will be easier for others in Bermuda who feel that their human rights have been violated,” he said.

“This case can be used by others and could give people confidence to pursue claims when they feel they have been unfairly treated.

“It shows also that one person can stand up against a big institution like a police service and win.

“For me having to suddenly leave Bermuda where I had set up a home and had friends was very hard.”

Mr Harkin joined the BPS in February 2005 on a five-year contract. During his time in uniform the officer’s record was exemplary. Within a year, he had qualified as a member of the underwater search and rescue team and later became a firearms officer.

In July 2009, with six months of his contract still to run, he passed a selection process to obtain the rank of police sergeant, placing fourth in the rank orderings of his class.

Mr Harkin became concerned a month later when eight of his fellow officers were promoted to sergeant, while he remained a police constable.

Mr Harkin was the only officer on a work permit and he was later told by Michael DeSilva, then the deputy commissioner, that his promotion was being “deferred” until his work permit — due to expire in six months — had been renewed.

In October 2009, Mr Harkin submitted a written request that his contract be extended, and two weeks later filed a complaint with his employer, arguing that he had been discriminated against on the grounds of his nationality.

At a subsequent meeting with human resources, he explained he had sought independent advice from the HRC before filing his grievance.

A month later, Mr Harkin was told in a letter from Commissioner George Jackson that his relationship with the force was “no longer harmonious” and that his contract would not be renewed. He left his job and the Island in December 2009, filing a complaint with the HRC before returning to Britain.

During the HRC hearing into the complaint in February 2013, lawyers for the BPS argued that employers had a right to promote Bermudians ahead of guest workers. However, the argument was rejected.

This part of the ruling was further enforced in a written judgment handed down yesterday afternoon.

Dr Justice Kawaley said: “The respondent’s [Commissioner of Police] appeal against the liability decision is dismissed. The applicant [Mr Harkin] was discriminated against on the grounds of his place of origin in that the promotion procedure was applied to him in a prejudicial manner by virtue of his being a contract worker. No question of actual prejudice in the sense of conscious discrimination arose.

“The applicant’s appeal against the quantum decision is allowed in part to the following extent: the appropriate loss of earnings period is five rather than three years; the appropriate deduction for failure to mitigate loss is 32 per cent rather than 40 per cent and the loss of pension award is the agreed figure of $83,677.26 without the 40 per cent deduction.”

Mr Harkin’s case was brought against the Office of the Commissioner of Police rather than a specific commissioner. Mr Jackson was commissioner at the time the complaint arose, while Mr DeSilva was commissioner throughout the defence of the claim.

Last night, Mr DeSilva released a statement saying: “I am aware of the decision and I received a copy of the judgment today.

“We will carefully review the document and if our processes need to be revised as a result, we will do so.

“There are other matters related to this specific case that remain to be resolved and as such it would be premature to comment any further.”

• To see the judgment in full, click on the PDF under “Related Media”.