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Lesbian soldier in sex discrimination case has her payout cut
A LESBIAN soldier who was awarded nearly £190,000 after an employment tribunal found she was sexually harassed by a male sergeant has had her payout cut by more than £62,000.
The Ministry of Defence launched an appeal after it was ordered to pay former Lance Bombardier Kerry Fletcher a total of 186,895.52 following her successful claims for sex discrimination, victimisation and sexual harassment.
An employment appeal tribunal allowed the appeal and reduced Miss Fletcher's award but said it hoped "lessons have been learned" by the Army.
The original tribunal hearing, in Leeds in November 2007, heard the sergeant pestered openly gay Miss Fletcher for sex and sent her explicit text messages during her time working at an Army stables in North Yorkshire.
The former soldier, who is originally from Sheffield but now lives in Germany, said the sergeant and other male colleagues tried to destroy her career because she spurned his advances.
In its judgment, the original tribunal said: "This is as severe a case of victimisation following an allegation of sexual harassment as one could see in an employment tribunal.
"The claimant was subjected to a sustained campaign of victimisation over a lengthy period."
The MoD was ordered to pay Miss Fletcher 30,000 for injury to feelings, 20,000 aggravated damages, 50,000 exemplary damages and 65,558 for lost earnings and pension entitlement.
The remainder of the total was made up of Miss Fletcher's costs and interest payments.
But the appeal tribunal, chaired by Mrs Justice Slade, found that the original court had "erred" in awarding 50,000 exemplary damages and set aside this payout.
It also found that the award of 20,000 aggravated damages was "reached in error of law" and was "perversely high" and ruled this should be reduced to 8,000.
Any interest payments in relation to this award would also be reduced.
But the appeal tribunal said the original court was right to criticise the Army's actions in the case.
The judgment read: "The conduct of the Army which led to the proceedings successfully pursued by Ms Fletcher was rightly condemned by the employment tribunal.
"We hope that lessons have been learned and that such behaviour will not be repeated."
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Saturday 26 May 2012
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