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 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.