Military Bullying & Harassment Claims

FAQs

• How can the MOD protect you from harm?

  Every member of the Armed Forces has the right to carry out their duties and live their lives without being bullied, assaulted or discriminated against.

  The chain of command has a duty of care towards those in their charge. That is, they must take reasonable care to avoid personnel coming to any foreseeable harm.

  Often, the military can be held accountable for acts of its personnel who harm their colleagues, even if the chain of command was unaware of the problem. This harm does not have to include physical injury: it can include mental health issues, such as depression or PTSD.

  Another important aspect of this duty of care is ensuring that making a justified complaint resolves the situation and doesn’t escalate it.

  Examples of when a complaint has not been well conducted can include:

  • Lengthy and inefficient service complaint investigations
  • Inadequate punishment of perpetrators following the service complaint
  • Ineffective communication with the team which could lead to their sympathising with the perpetrator

  Returning the complainant to the same working environment or moving them to another (perhaps inferior) job while the perpetrator remains in place

• What is bullying?

  Many people are unsure whether what they have experienced is serious enough to amount to bullying.

  The lines can often seem blurred, with bullies adding to the confusion by saying that you have overreacted to what they might label as “banter” or “firm discipline”.

  If you have experienced behaviour that has left you feeling intimidated, humiliated, singled out, unsafe, or uncomfortable, it is worth taking seriously. Bullying and harassment is not always obvious and can take many forms.

  It can include:

  • Physical assaults in the workplace or at work related events
  • Initiation rites and ‘beastings’
  • Persistent comments or jokes/banter that make you uncomfortable
  • Being singled out, undermined, or humiliated
  • Aggressive or intimidating behaviour
  • Verbal abuse
  • Unwanted sexual comments or behaviour
  • Discriminatory behaviour based on race, gender, age, or disability)
  • Being treated unfairly by your chain of command
  • Career fouling

  If you are unsure, speaking to someone can help provide clarity.

• What is harassment?

  Harassment has been defined under the Protection from Harassment Act 1997 as:

  • Behaviour, which is considered to be oppressive or unacceptable,
  • Behaviour which causes distress to the person it is aimed at.

  The behaviours complained of can be similar to those described as bullying, including:

  • Physical and verbal abuse
  • Aggressive or intimidating behaviour
  • Persistent comments that make you feel uncomfortable, singled out or humiliated

  The difference is that in order to constitute harassment, there must be a pattern of behaviour (i.e. the victim must have been harassed on at least two occasions).

• Do I need to have made a formal complaint before contacting Bolt Burdon Kemp?

  You do not need to have made a formal complaint or reported matters through the chain of command before speaking to us.

  There are many reasons why people do not report bullying or harassment while serving. Fear, pressure, embarrassment, and lack of confidence in the process are all common.

  This does not however prevent you from speaking to us and exploring whether you have a claim.

  Many people contact us simply because they want to understand where they stand.

  We can help you from an early stage with your service complaint if you choose to make one.

  Strict time limits apply for bringing claims, so you should seek legal advice as soon as possible.

  If you have made a service complaint, we recommend seeking legal advice as quickly as possible, as waiting until the service complaint process is finished, could mean you are too late to bring a claim.

• What if I am still serving?

  You can still speak to us.

  Many serving personnel worry about how raising concerns could affect their career, relationships at work, or day-to-day life. We understand these concerns and can explain your options to you in confidence.

  Speaking to us does not mean you are committing to any formal action, but it will allow you to make an informed decision about what you do next.

• What if I have already left the Armed Forces?

  It is worth speaking to us.

  Strict time limits apply for bringing claims, so you should seek legal advice as soon as possible.

  There are different ways to pursue a claim for bullying or harassment, so there may be options available to you depending on the facts of your case.

• Will I have to take legal action if I contacting Bolt Burdon Kemp?

  No. Contacting us simply gives you the opportunity to understand your position and ask questions. There is no obligation to take things further, and any information you give us will be treated in the strictest confidence.

• Does sexual harassment count?

  Sexual harassment can include unwanted physical contact, comments, messages, or other behaviour, that creates an intimidating or degrading environment.

  It can often come with an imbalance of power, making it common to feel as if you can’t complain for fear of repercussions to you and your career. If you have experienced this while serving, it is not something that you should have to tolerate, and it should be taken seriously.

  If you do complain, or if your chain of command is aware that you are being sexually harassed, they owe you a duty of care to do something about it.

• How do I know whether I may have a claim?

  That will depend on the details of what happened and the impact it has had on you. The easiest way to understand where you stand is to speak to someone in confidence, who can listen to your circumstances and explain things clearly.