Right not to be unfairly treated

Gwrthodwyd y cais gan Y Weinyddiaeth Amddiffyn.

My reference: LSM/FOI/120909/08

Background. Statutory protections against discrimination have progressively been extended to the armed forces. Thus remedies under the Sex Discrimination Act 1975 were applied to them in 1995 – see The Sex Discrimination Act 1975 (Application to Armed Forces etc) Regulations 1994 SI 1994 No 3276. As originally enacted the Race Relations Act 1976 allowed members of the armed forces to seek redress of complaints within the army's own procedures but not through industrial/employment tribunals – see Race Relations Act 1976 s.75(9) as originally enacted. That was changed by Armed Forces Act 1996 s.23(2) with effect from 1997. Prohibitions on discrimination have now been brought together in the Equality Act 2010 and the protections which it provides to employees apply also to the armed forces –see Equality Act 2010 s.83(3).

Further to s1(1) of the Freedom of Information Act 2000:

a. Please provide all documentation from the 1990's regarding the removal of the Armed Forces exemption from industrial/employment tribunals in the cases of racial and sexual harassment and discrimination, including all arguments articulated by the Armed Forces in the 1990's as to why they should continue to be exempt from the jurisdiction of industrial/employment tribunals.

b. Please provide all documentation relating to the extension of access to industrial/employment tribunals to all members of the Armed Forces, i.e. beyond the provisions of what is now the Equality Act 2010, for example, to victims of bullying and harassment.

My preferred format to receive this information is by electronic means. If one part of this request can be answered sooner than others, please send that information first followed by any subsequent data. If you need any clarification of this request please feel free to email me. If FOI requests of a similar nature have already been asked could you please include your responses to those requests.

I note that under s16 of the Act, it is the MOD's duty to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who make requests for information to it. Accordingly, if the MOD considers attempting to block release of information under s12 of the Act (exemption where cost of compliance exceeds appropriate limit), please a) provide a breakdown of costs, and b) explain what information *would* be releasable within the appropriate limit according to the department's purported calculations. I would, in that situation, apply for internal review, and ultimately apply for decision by the Information Commissioner, per s50 of the Act.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you within the 20-working day statutory time period.


L Mowday

This FOI request is now overdue. Please reply, if only to refuse to release the information, so I can proceed accordingly.


L Mowday


2 Atodiad

Dear Ms Mowday,

Please see attached email that was sent to you on the 5 October.


Defence Personnel Secretariat

dangos adrannau a ddyfynnir