The recent alleged gender discrimination case of Squadron Leader Anne Rubery has drawn attention to persistent alleged discrimination issues within the RAF, especially related to the treatment of female officers. However, there have been other recent allegations of gender discrimination in the RAF against men.
Rubery, a high-ranking RAF officer, alleged a toxic workplace environment where male colleagues advised her to “grow a pair.” Initially, the RAF dismissed her complaint, deeming terms like “ballsy” and “grow a pair” as gender-neutral, but then the Service Complaints Ombudsman later criticized the RAF’s culture, saying the Ministry of Defence failed to recognize “wholly inappropriate emails” that objectified women.
The Watchdog recommended that the RAF apologise to Squadron Leader Anne Rubery and pay her compensation of up to £2,000.
Squadron Leader Anne Rubery sued the Ministry of Defence in the Employment Tribunal (ET) and Employment Appeal Tribunal (EAT), but the EAT found that the ET did not have jurisdiction to enable a member of the armed forces to bring a complaint of sex discrimination under the Equality Act 2010.
Context of the Case
Rubery, a seasoned Personnel Support Officer with over 30 years of service in the RAF, cited multiple incidents of workplace discrimination. Her complaints focused on remarks made by two male officers who reportedly described her as “ballsy” and suggested she “grow a pair.” These comments underscored Rubery’s experience of a biased culture in the RAF, one that normalized language reinforcing traditional gender roles and diminished her professionalism.
Initial Investigation and Tribunal Response
When Rubery initially reported her concerns, the RAF’s dismissed her claims, suggesting that the remarks, such as “grow a pair,” were equally applicable to all genders and did not constitute bullying or discrimination. For many, terms like “ballsy” and “grow a pair” may imply assertiveness, yet in Rubery’s view, these terms diminished her professionalism and echoed a masculine culture that she felt was dismissive of her concerns.
Role of the Service Complaints Ombudsman
The Service Complaints Ombudsman (SCOAF) was critical in revisiting Rubery’s complaints, finding that [Sqn Ldr Rubery] had been treated by her line management and found that she had not been given the support required and that various provisions had not been adhered to, but did not find that she had been treated differently due to her sex.
The SCOAF’s report partially validated Rubery’s complaints, urging the RAF to apologize formally and compensate her. This acknowledgment underscored that her experiences were not isolated incidents but rather indicative of wider issues within the RAF. The SCOAF’s recommendations pointed to the need for the RAF to evaluate and revise its inclusion and diversity policies, with specific attention to creating a more balanced workplace culture.
Our Elliot Hammer, Head of Employment at Branch Austin McCormick LLP says :-
“Squadron Leader Anne Rubery’s case against the RAF reiterates the challenges faced by women in traditionally male-dominated fields and underscores the importance of eliminating workplace discrimination. Despite initial dismissals by the RAF, the Ombudsman’s intervention partially validated her concerns, shedding light on the impact of remarks like “grow a pair”. For the RAF to uphold its values, it must address these gender-related challenges and work toward fostering an inclusive, respectful environment that supports all personnel.”
Branch Austin McCormick LLP have acted for many successful claimants in the Employment Tribunal, including:
i) Natalie Bird, successful in her claims for sex discrimination against the Liberal Democrats;
ii) Sonia Appleby, successful in her claim for whistleblowing against an NHS Trust;
iii) Mercedes Cobbing, successful in her claim for race harassment against a recruitment consultant;
iv) Mr D Bland, successful in his attempt to adduce privileged documents into trial evidence; and
v) Mr A Fox, successful in his claim for unfair dismissal.
If you believe that you have been treated less favourably because of your sex do not hesitate to contact the employment team via Elliot Hammer on eh@branchaustinmccormick.com
