RAF corporal strikes blow for armed forces employment rights

An RAF corporal who claims to have suffered sexual discrimination, harassment and victimisation at work has struck an important blow for armed forces personnel who wish to bring such complaints before a civilian employment tribunal (ET).

The woman launched ET proceedings in tandem with lodging an internal complaint with the Ministry of Defence (MoD). However, the ET ruled that it had no jurisdiction to hear her claim on the basis that her complaint was to be treated as withdrawn because it had not been referred to the Defence Council, as required by Section 121 of the Equality Act 2010.

In overturning that decision, the Employment Appeal Tribunal (EAT) noted that, in line with the strict time limits laid down by the legislation, the woman was obliged to issue proceedings within six months of the conduct complained of. She also had no right to request that her complaint be referred to the Defence Council.

The ET narrow interpretation of the jurisdictional bar contained within Section 121 on the face of it conflicted with the woman's human right to have her claim heard within a reasonable time by an independent and impartial tribunal.

In ruling that the ET was wrong to decline jurisdiction, the EAT preferred a reading of Section 121 which achieved a better balance between the aim of enabling the armed forces to deal with complaints internally prior to litigation and the womans's right to access a civilian tribunal within a reasonable time.

Contact: David Hacker