The Ministry of Defence has been reported to the government’s equality watchdog over claims it has failed to properly address allegations of sexual harassment and assault.
In a letter to the Equality and Human Rights Commission (EHRC), first reported by the Guardian, the Prospect union asked for an investigation into whether the MoD has failed in its public sector equality duty (PSED) to eliminate discrimination, harassment and victimisation, as required under the Equality Act 2010.
In October around 60 senior women at the MoD wrote to permanent secretary David Williams to raise concerns about sexual assault, harassment and abuse by male colleagues.
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Further employees have since come forward about sexual assault while working at the MoD.
Prospect’s letter to the EHRC said: “We are increasingly concerned that the MoD has failed to comply with its obligations under the PSED, in particular the requirement to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.
“As the body responsible for enforcing the PSED and monitoring compliance, we ask that the Equality and Human Rights Commission urgently investigates the MoD’s compliance with the general and specific duties under the PSED.”
Prospect general secretary Mike Clancy said: “It is our hope that the EHRC will investigate this matter and force the MoD to take appropriate action to ensure equality and a safe working environment for its female employees.
“It is frankly ridiculous that in 2024 a government department should have to be compelled to take action when employees are being sexually harassed and assaulted in this way. It’s time they properly engaged with unions to put adequate systems in place to protect their workforce and root out unacceptable behaviour.”
In September 2022 Prospect also called on the MoD to review its bullying, harassment, discrimination and victimisation policies and procedures in September 2022, but earlier this month it said there had been no meaningful engagement on this.
A spokesperson for the Equality and Human Rights Commission said: “The EHRC receives complaints each week about allegations of unlawful activity contrary to the Equality Act 2010. We consider each complaint carefully and take action where appropriate.”
A Ministry of Defence spokesperson said: “Harassment and discrimination is not tolerated and no one should be made to feel unsafe. We are committed to stamping this out and we continue to encourage anyone who has experienced or witnessed unacceptable behaviour, to report it immediately.”
Danielle Vincent, a lawyer at Hugh James Solicitors, said that training and “no nonsense” policies are vital for stamping out harassment.
She said: “Often an individual is subject to what seems like an impossible situation, to report concerns regarding those in a position of authority or trust or to continue to suffer the same in silence. No doubt individuals will worry about the backlash and impact on their career, with doors being closed if seen as a complainer.
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“There needs to be strict guidance on no nonsense policy of sexual harassment or abuse, with clear disciplinary action for perpetrators along with confidential support for anyone suffering.”