Military Claims

Bullying and Harassment in the Military

Our military claims solicitors understand how hard it can be to report bullying and harassment in the Armed Forces. Here is how our supportive team can help.

Get in touch

Everyone has the right to be treated decently at work, and it is no different in the military.

The law protects service men and women from bullying and harassment in the workplace.

Bolt Burdon Kemp’s military claims solicitors have acted on many claims involving:

Career fouling
Assaults in the workplace
Sexual harassment
Initiation rites and ‘beastings’

Our solicitors understand how hard it can be to report bullying and harassment in the Armed Forces. We can help at an early stage by providing advice on your service complaint and your legal rights.

It takes courage to complain, especially in the military, but you should not suffer in silence.

If you have suffered from bullying or harassment in the services then you should consider a claim for compensation. Get in touch with us today, we usually work on a no-win, no-fee basis.

Time limits

Bullying in the military is a complicated area of law because there are different ways to make a complaint or bring a claim, either in the County Court, the High Court or an Employment Tribunal.

There are also strict time limits for bringing claims, so legal advice should be sought as soon as possible. If you wait until the service complaint process is finished, it could mean you are too late to bring a claim.

If you have suffered from bullying while in the military, then contact us today to discuss making a claim.

Assault

Discrimination

Success Story

Significant settlement sum for reservist who suffered racial harassment

We acted for a former Sergeant in the Army Reserves who’d had a lengthy and successful Army career. Some of his colleagues and superiors ridiculed him over a long period of time over his mixed-race background. He developed PTSD as a result. We brought a civil claim under the Protection From Harassment Act, and secured a settlement sum that’ll now enable him to move on with his life.

Meet our Military Claims Team

Ahmed Al-Nahhas

Head of Military Claims

Anastasia Bromhead

Paralegal – Part of the Military Claims Team

Cameron Upton

Paralegal – Part of the Military Claims Team

Claire Withey

Associate – Part of the Military Claims Team

Meet the full team

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 qualifies as bullying?
The line between bullying, firm discipline and practical jokes can seem blurred. Bullies often add to this confusion, undermining a victim by saying they “can’t take a joke” or that any offence taken is an over-reaction to banter.

However, if a person is deliberately being made to feel humiliated, demeaned, uncomfortable or afraid, then they are being bullied. Exactly what constitutes bullying varies from case to case. It can cover:
- Insults
- Assault
- Humiliating initiation rites
Bullying can be intensely personal and distressing, and the stress it causes can wreck careers and harm life at home. But victims are not alone. Government statistics show that 12% of service personnel said they had been subject to bullying between 2019 and 2020.

The chain of command has a duty of care towards all service personnel and it is their responsibility to ensure bullying does not happen.
What is harassment?
The law protects service men and women from harassment, discrimination and assault in the workplace. The Protection from Harassment Act 1997 protects people from anyone who:
- Knows or ought to know that their behaviour amounts to harassment
- Behaves in an oppressive or unacceptable way
- Harasses the victim on at least two occasions
- Causes distress through this behaviour
The Protection from Harassment Act 1997 potentially allows the police to investigate and prosecute offenders. If a claim is brought successfully, in addition to an award for damages and costs, an injunction can be brought against the bully.

This injunction could restrain your harasser from having any further contact with you.

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