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| Senior RAF nurse wins damages in sexual discrimination case | Senior RAF nurse wins damages in sexual discrimination case |
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| The highest-ranking nurse in the Royal Air Force has won damages after bringing a sexual discrimination case against the Ministry of Defence. | The highest-ranking nurse in the Royal Air Force has won damages after bringing a sexual discrimination case against the Ministry of Defence. |
| Group Captain Wendy Williams brought the case after being passed over for promotion in July 2011 in favour of a male doctor. She claimed the MoD breached the Equalities Act 2010 by discriminating against her because of her gender when recruiting for a senior role for which she was recommended and fully qualified. | |
| MoD figures show that six of the 470 highest-ranking jobs in the RAF were held by women last year, the tribunal heard. | MoD figures show that six of the 470 highest-ranking jobs in the RAF were held by women last year, the tribunal heard. |
| Williams said: "Following this decision I hope that nurses in the Royal Air Force and the wider armed forces will have the opportunity to aspire to and attain more senior posts. I hope that nurses will also gain due recognition for their leadership, commitment and professionalism. | |
| "This judgment represents an opportunity for the armed forces to scrutinise internal processes and practices and shatter glass ceilings. It should be used as a platform to ensure that appointments are made with regard to merit and competencies, and not with regard to a person's gender or their membership of a professional body." | "This judgment represents an opportunity for the armed forces to scrutinise internal processes and practices and shatter glass ceilings. It should be used as a platform to ensure that appointments are made with regard to merit and competencies, and not with regard to a person's gender or their membership of a professional body." |
| Williams is a registered nurse and midwife who has served in the RAF since 1984. A group captain since 2003, she applied in 2011 to be the RAF candidate for the tri-service role of commodore of the Defence Medical Group. | |
| The candidacy for the one-star role went to Group Captain John Gaffney, who had three-and-a-half years less service in that rank than Williams, and despite her being recommended for promotion to a senior non-nursing role based on her excellent history within the service. | |
| The tribunal was told that it was RAF procedure to only use doctors to fill medical one-star roles that were theoretically open to both doctors and nurses. | |
| In its ruling the tribunal panel, led by the employment judge Veronica Dean, criticised the RAF for this practice and the low number of women in top ranks overall. | In its ruling the tribunal panel, led by the employment judge Veronica Dean, criticised the RAF for this practice and the low number of women in top ranks overall. |
| There was also scathing criticism of several senior officers, including Air Vice-Marshal Chris Morris, who the panel said had given the promotion board a "partisan and not unbiased" assessment of Gaffney, who was under his command at the time. | There was also scathing criticism of several senior officers, including Air Vice-Marshal Chris Morris, who the panel said had given the promotion board a "partisan and not unbiased" assessment of Gaffney, who was under his command at the time. |
| Air Vice-Marshal Mike Lloyd, who is now retired but was in charge of RAF personnel at the time, was criticised for his lack of knowledge of discrimination legislation. | |
| "Viewed with an objective eye against the job specification, we have considered all the evidence and find that for a number of reasons the claimant was not only equal to Group Captain Gaffney but that an objective review of her appraisals and those of Group Captain Gaffney would have led to the claimant being considered as the properly preferred candidate of the RAF," the panel said. | "Viewed with an objective eye against the job specification, we have considered all the evidence and find that for a number of reasons the claimant was not only equal to Group Captain Gaffney but that an objective review of her appraisals and those of Group Captain Gaffney would have led to the claimant being considered as the properly preferred candidate of the RAF," the panel said. |
| "While the respondents acknowledge that both the claimant and Group Captain Gaffney were competent candidates for the selection … the respondents assert that Group Captain Gaffney was the most likely to succeed in competition with the other candidates put forward by the other services and therefore he was selected on that basis. | "While the respondents acknowledge that both the claimant and Group Captain Gaffney were competent candidates for the selection … the respondents assert that Group Captain Gaffney was the most likely to succeed in competition with the other candidates put forward by the other services and therefore he was selected on that basis. |
| "We consider such a rationale to be entirely subjective and unsustainable in the evidence before us and we conclude that the claimant was not selected because of her sex." | "We consider such a rationale to be entirely subjective and unsustainable in the evidence before us and we conclude that the claimant was not selected because of her sex." |
| Williams was supported in her claim by the Royal College of Nursing. Janet Davies, the college's executive director of nursing and service delivery, said: "This is a landmark case, and bodes well for the future of nursing careers within the armed forces. | Williams was supported in her claim by the Royal College of Nursing. Janet Davies, the college's executive director of nursing and service delivery, said: "This is a landmark case, and bodes well for the future of nursing careers within the armed forces. |
| "It isn't right for female staff to be placed at a disadvantage when they get to a senior level. The tribunal was clear. Not only was Wendy Williams suitable to be put forward for this role, but an objective review would have led to her being considered as the preferred candidate. | |
| "We hope that the Ministry of Defence will take on board the recommendations which come out of this tribunal so that the talents of female officers and nurses in particular are valued and harnessed in the future." | "We hope that the Ministry of Defence will take on board the recommendations which come out of this tribunal so that the talents of female officers and nurses in particular are valued and harnessed in the future." |
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