Lesbian Soldier’s Compensation Award

A lesbian soldier who won her claim against the Ministry of Defence for sex discrimination and discrimination on the grounds of sexual orientation has been awarded £186,896 in compensation for her ordeal.

Earlier this year, Leeds Employment Tribunal (ET) heard that Lance Bombadier Kerry Fletcher was subjected to unwanted advances made by a male sergeant who asked her to join in group sex and sent her a text message saying, “Look, I might be able to convert you. You don’t know what you are missing.” When she spurned his advances, he and other male colleagues tried to ruin her career. After she made an official complaint, her car was damaged on more than one occasion. As a result, Miss Fletcher was signed off sick after having served 10 years in the Army.

At the remedies hearing, the panel described the Ministry of Defence’s treatment of Miss Fletcher as ‘so outrageous’ that it amounted to ‘conscious wrongdoing’. However, the size of the award, which included £50,000 in exemplary damages, £20,000 in aggravated damages and £30,000 for injury to feelings, was criticised by service groups as exceeding payments made to service personnel seriously injured in action.

"There is no upper limit to the compensation that can be awarded in discrimination cases," says Aston Bond. "Employers should take any complaint of victimisation, harassment or bullying seriously and take steps to change a workplace culture in which stereotypical and discriminatory opinions are tolerated. We can assist you in implementing discrimination and workplace bullying policies specifically tailored to meet the needs of your business."

On 15 December 2008, the Ministry of Defence announced that compensation payments for injured armed service personnel were to be increased. The award for the most serious injuries has been doubled to a new maximum lump sum of £570,000. For further information, see http://www.wired-gov.net/wg/wg-news-1.nsf/0/1F19B1B3889C6249802575200026792C?OpenDocument.

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