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Lesbian soldier's sex harassment victory to cost MoD £400,000
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16 January 2008
Lance Bombardier Kerry Fletcher, 31, had told how she was pestered for sex by the unnamed sergeant, who she claimed was a known womaniser.
She said he asked her to join in a threesome with another woman and boasted in a text message: "Look, I might be able to convert you. You don't know what you are missing."
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Tribunal winner: Kerry Fletcher (left) is in line for a £400,000 payout after being sexually harassed. Sergeant Louise Ashman (right), with whom Ms Fletcher was caught kissing and fondling in the hay
She said the sergeant and other male colleagues tried to destroy her career because she spurned his advances and claimed she was signed off sick with stress as a result.
Her car was vandalised, she was belittled at work and she received sinister phone calls, the tribunal heard.
The sergeant insisted he had legitimately enforced discipline at the Royal Artillery stables in Topcliffe, North Yorkshire, after Miss Fletcher had been regularly late for work and insubordinate.
But despite the MoD's denials of any wrongdoing, the employment tribunal in Leeds yesterday came down strongly on Miss Fletcher's side, describing her evidence as "powerful".
It ruled Miss Fletcher had been the victim of "direct sex discrimination and harassment" from the summer of 2004.
It found that the stress of coping with 'persistent and trivial' disciplinary allegations
which were "trumped up" into formal charges meant she was unable to continue working.
Miss Fletcher's lawyer John Mackenzie described the regiment as "ruthless and despicable" for its treatment of Miss Fletcher, adding: "She is a completely innocent person whose life has been destroyed by the Army because she was rash enough to stand up for herself."
Although she is still a full-time employee, Miss Fletcher intends to hand in her notice in the next few weeks.
Now with the Territorial Army in Redditch, she is hoping to be awarded up to £381,000 in lost earnings and could receive £25,000 for "injury to feelings".
She said last night: "I am delighted, over the moon, because it has taken such a long time to achieve what I have achieved.
"I basically had to prove that I was not lying and that was the most important thing for me to do - I am not a liar. What they have put me through has been awful.
"I never deserved it and am determined to get fair compensation for my career being ruined."
A massive payout will add to the MoD's embarrassment in a case which has featured salacious allegations of affairs, romps in the stables and naked photos.
The tribunal heard how Miss Fletcher allegedly texted a fellow lesbian soldier, Sergeant Louise Ashman, saying: "I feel randy."
It was claimed the pair were later seen fondling one another in the stables.
But Miss Ashman insisted she was just cuddling her friend to comfort her.
Miss Ashman said: "Kerry and I have never indulged in a sexual act together. We are close friends and nothing more."
Miss Fletcher was also said to have sent naked pictures of herself to male soldiers from her mobile phone and her sports car bore the number plate T44RTX, to look like "TART X".
In 1998 Miss Fletcher denied being a lesbian in disciplinary proceedings after being caught in bed with an Australian policewoman.
At the time, homosexuality was not permitted in the Army.
She was warned about her conduct and posted to another unit.
Accomplished horsewoman Miss Fletcher, who took part in the prestigious Trooping the Colour ceremony and served with distinction in Bosnia, also has another, unrelated tribunal claim pending against the Army, which could increase the compensation bill further.
An MoD spokesman said it was "considering the lengthy judgment" and was not in a position to comment.
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