This article is more than 1 year old

This article is more than 1 year old

Two former paratroopers were subjected to racial harassment while in the army that created a “degrading, humiliating and offensive environment” for them, an employment judge has found.

Nkululeko Zulu and Hani Gue took the Ministry of Defence (MoD) to a tribunal claiming it had failed to take reasonable steps to prevent discrimination and harassment against them.

On the morning of 23 January last year, Gue was in Zulu’s room having a cup of tea when a colleague came to join them and noticed that three photographs on the door to Gue’s room had been defaced.

One photo of Gue and Zulu had been defaced with a swastika and the words “fuck off”, while someone had drawn a swastika and a Hitler moustache on another image of Gue. On a photograph of Gue, Zulu and another (white) private, the N-word had been written across Gue and Zulu.

The tribunal heard that Zulu and Gue, whose rooms were opposite each other, had accommodation in a block in a barracks that was accessible only by key. In a written judgment, the employment judge Richard Baty said the graffiti “must have been done by a member of 3 Para”.

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He said: “The conduct was unquestionably unwanted; the graffiti in question was of the most unpleasant nature, set out on Mr Gue’s personal photographs and was racially highly offensive.”

He added: “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.”

It was also found, as a matter of fact:

A Sergeant B, who has since left the army, referred to Zulu with a grave racial epithet in front of virtually the whole platoon in 2014.

Gue’s accommodation was vandalised, including racist slurs being written on the doors, by a member or members of 3 Para in 2013-14.

A member or members of 3 Para posted a photograph of personnel on Facebook in July 2017 with a Nazi flag as a backdrop.

However, Baty said the first two of these incidents were presented too late to form the basis of a successful claim and the last “did not have the effect of violating either claimant’s dignity”.

Gue, who described himself as a black African of Ugandan nationality, joined the army in October 2012 and was later assigned to the 3rd Battalion (3 Para) A Company. He formally asked to leave in January 2018.

Zulu, who served as a lance corporal in the Parachute Regiment and described himself as black South African, joined the army in June 2008 and formally applied to leave the forces almost 10 years later. He cited the racist graffiti on Gue’s photographs as his reason for leaving and Baty said “given the deeply offensive nature of the graffiti, it is entirely reasonable for it to have this effect”.

The men’s solicitor, Amy Harvey of Banks Kelly Solicitors, said: “The claimants have succeeded in establishing their claim against the MoD that they suffered racial harassment during their time in the army and that the MoD did not take all reasonable steps to prevent such harassment.

“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 spokesperson said it noted the decision, adding: “As a modern and inclusive employer, the armed forces do not tolerate unacceptable behaviour in any form. Any allegations of inappropriate behaviour are taken extremely seriously and investigated thoroughly.”