The Ministry of Defence failed to keep crucial evidence in their possession secret, including taped interviews and transcripts. The Ministry had argued that documents should be released in only a select number of cases, but was given until 1 February 1999 to hand over all the relevant evidence. This result, coupled with July's Appeal Court ruling in the Smith vs Gardner Merchant Ltd case, now leaves the road open for sacked gay servicemen and women to sue the Ministry for sexual harassment. The next hearing on the 5 March 1999 will identify lead cases and set a date for the full hearing. It is likely that the Industrial Tribunal will find that the deeply personal and intrusive interviews constituted sexual harassment.
Significant damages are likely to be awarded in successful cases.
The disclosure of these secret files will finally expose MoD policy towards gays and lesbians for what it is - a gross and immoral breach of civil liberties. We are calling for a moratorium on all investigations of gay service personnel. The very next step for the MoD is to suspend these witch hunts now. Smith vs Gardner Merchant Ltd clarified the law on what constitutes sexual harassment. It is now possible for gay men and lesbians to claim sexual harassment on account of being harassed because of their sexual orientation.