Two former paratroopers were subjected to “highly offensive” racial harassment, an employment judge has ruled.
Nkululeko Zulu and Hani Gue, who took the Ministry of Defense to tribunal, alleged that they suffered racial discrimination and harassment, and that reasonable steps to prevent it were not taken by the army.
A swastika, a Hitler moustache and the words “f *** off” and “n ******” were drawn on photographs of the men, based at Merville Barracks in Colchester, the tribunal heard.
This graffiti was “unquestionably related to race,” Judge Baty said.
A written judgement said: “Notwithstanding the fact that the perpetrator is still unknown and was not before the tribunal to give an account of his / her motivation, we find that the carrying out of this act was so unpleasant that it can only have been done with the purpose of violating the claimants’ dignity and creating an intimidating, hostile, degrading, humiliating and offensive environment for them. “
Mr Gue, who described himself as a black African of Ugandan nationality, joined the army in October 2012.
He was was later assigned to the 3rd Battalion (3 Para) A Company and made a formal request to leave in January 2018.
Mr Zulu, who served as a lance corporal in the Parachute Regiment and described himself as black South African, joined the army in June 2008.
He made a formal application to leave the forces almost 10 years later.
Amy Harvey, a solicitor representing the ex-servicemen, said: “The claimants intend to seek compensation and recommendations from the tribunal that the MoD implement better equality and diversity training within the armed forces.” An MoD spokesman said: “We note the decision of the tribunal today. As a modern and inclusive employer, the Armed Forces do not tolerate unacceptable behavior in any form.
” Any allegations of inappropriate behavior are taken extremely seriously and investigated thoroughly as evidenced by our taking up of recommendations in the Wigston review into inappropriate behaviors published earlier this year. “
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