Lesbian Soldier Sees Settlement Reduced

A lesbian soldier who won her claim for sex discrimination and discrimination on the grounds of sexual orientation has had her compensation award of £186,896 reduced after the Ministry of Defence (MOD) launched an appeal.

In November 2007, the Leeds Employment Tribunal (ET) found that Lance Bombardier Kerry Fletcher, who had served 10 years in the Army, was subjected to a sustained campaign of victimisation over a lengthy period. She had been subjected to unwanted advances made by a male sergeant. When she spurned his advances, he and other male colleagues tried to ruin her career. After she made an official complaint, Miss Fletcher’s car was damaged on more than one occasion. As a result, she was signed off sick and gave up her army career.

Miss Fletcher’s original settlement included £30,000 for injury to feelings, a punitive award of £50,000 in exemplary damages and £20,000 in aggravated damages. At the time, the settlement was criticised as far exceeding the awards made to soldiers seriously injured in combat.

The Employment Appeal Tribunal (EAT) allowed the appeal. In its judgment, the ET had ‘erred’ in awarding exemplary damages and set aside the £50,000 award. Whilst the MOD’s conduct was ‘deplorable’, it ‘did not cross the high threshold warranting an award of exemplary damages’. The EAT also found that given that the award for injury to feelings was ‘at the top of the highest band’, the award of aggravated damages was ‘perversely high’. It ordered that this be reduced to £8,000 and that any interest payment attached to it be reduced accordingly.

Although the EAT reduced the amount of compensation payable to Miss Fletcher, it commented that the ET was right to condemn the Army’s conduct in the case, adding that it hoped that ‘lessons have been learned and that such behaviour will not be repeated’.