Paratroopers Faced 'Highly Offensive' Racial Harassment, Tribunal Rules

Nkulueko Zulu (left) describes himself as a black South African and Hani Gue (right) describes himself as a black African of Ugandan nationality (Picture: PA).

Two former paratroopers who took the Ministry of Defence (MOD) to a tribunal were subject to "highly offensive" racial harassment, an employment judge has ruled.

Nkulueko Zulu and Hani Gue alleged that they suffered racial discrimination and harassment, and the Army did not take reasonable steps to prevent it.

The tribunal heard that someone had drawn a swastika, a Hitler moustache and racial profanity on photographs of the men. 

Judge Baty said this graffiti was "unquestionably related to race".

A written judgement said despite "the fact that the perpetrator is still unknown" and unable to provide their own account, the 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."

The judgment outlined that Mr Zulu and Mr Gue had accommodation in a particular block in a barracks, which was only accessible by key, and their rooms were opposite each other.

At around 9am on 23 January 2018, Mr Gue was in Mr Zulu's room having a cup of tea and, soon afterwards, a colleague came to join them.

On his arrival, the colleague noticed that the three photographs on the door to Mr Gue's room had been defaced.

The judgment said it is not disputed that graffiti was discovered on Mr Gue's photographs, stating: "The conduct in question is therefore proven."

It adds: "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."

The tribunal concluded these allegations of harassment are "therefore established and succeed in relation to both claimants", adding: "It is not, therefore, necessary or appropriate to consider the matter as an act of direct discrimination."

Other complaints made by the two men were dismissed due to being "out of time" while their remaining complaints filed.

The men's solicitor, Amy Harvey, 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 spokesperson said: “We note the decision of the tribunal today. 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 as evidenced by our taking up of recommendations in the Wigston review into inappropriate behaviours published earlier this year.”