A CANDID discussion about legal claims brought against the British military often begins with a few typical knee-jerk responses from laypeople who haven’t served or had close involvement with such cases.
“How can you sue for injury, isn’t that the risk you took on when you enlisted?”
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“Any compensation would be taken out of the limited budget used for protective equipment”
“They don’t look injured to me”
In this article, we will address these common reactions and explain what most military legal claims are for, why they succeed, and why successful claims are in the best interest of wider society.
For the uninitiated, legal claims brought against the military are usually brought on the grounds that the claimant suffered physical or mental harm because of gross negligence on the part of the British Army, Royal Navy, or Royal Airforce. The defendant is usually named as the Ministry of Defence regardless of which branch of the armed forces the claimant served in any claim.
What can be claimed for?
The most common claim is for personal injury or death, either while in action or during training.
Training is a surprisingly common source of injury and fatality. In June 2022, The Guardian reported that 5% of all UK military casualties arose from training exercises. This owes to the exhaustive tests of endurance and intensive line-of-command instruction that can lead to trainees being pushed to the edge or beyond their physical limits.
Mental harm is also commonly cited in claims. This covers mental health issues stemming from action (such as Post Traumatic Stress Syndrome) or the effects of workplace bullying.
Lawyers from military claim solicitors firm Bolt Burdon Kemp explain that “It takes courage to complain, especially in the military, but you should not suffer in silence.” The trivialisation of claims by the wider public is another unfortunate barrier to military personnel coming forward with claims to demand justice for their suffering.
Injuries sustained from operations could include injuries from extreme heat or cold, as personnel are often expected to work in uncomfortable positions for extended periods. Exposure to toxic chemicals or substances such as Asbestos also features, which is understandable considering that soldiers often operate around damaged buildings, and even moderate exposure to asbestos can produce lifelong negative effects.
The military does not always have the time or inclination to apply the same due care that a civilian organisation would take around these risks, due to other strategic priorities in the heat of the moment.
Why successfully military claims are in the national interest
The military is a unique organisation that operates under very different rules to any other employer in the UK. Its employees do agree to take on additional risks upon enlisting and this raises the bar for what would be required to successive sue the military for compensation.
However, it’s important that the military is still held to account because a feeling of political protection among its senior leadership team would lead to the wrong outcomes on the ground, and poorer treatment of the same people who most deserve to be treated with compassion and empathy for their courageous sacrifices.
Successful claims remind the military that negligence will be publicly highlighted and there will be consequences, both for the organisation. A culture of accountability is vital in ensuring an organisation makes the right decisions for the right reasons. Senior management can no longer internally justify immoral outcomes with the assumption that no one will ever learn about it.
Lessons learned from successful cases may lead to real change, such as the reallocation of the budget, changes in process or new training that will improve the safety of our forces and reduce issues recurring.
Claims bring attention to poor-performing senior managers within the military, providing an easy opportunity for the forces to remove ‘bad eggs’ who would have otherwise remained and polluted the organisation from within until their retirement. As we have learned from the ‘Me Too’ movement and other scandals; organisations of all sizes, both public and private, have been guilty of brushing complaints about well-connected individuals under the rug when privacy and secrecy create the opportunity to do so.
Overall, it’s easy to make the case that transparency and accountability are important elements of any well-functioning organisation.
Therefore, the legal claims are a powerful check and balance on the UK armed forces and remain a legitimate tool for society ensuring that some of its bravest members are treated fairly and with care.
