Letter to the Chairman of the Committee
from the Secretary of State for Foreign and Commonwealth Affairs
ALLEGATIONS OF
ABUSE BY
KBR MANAGERS IN
BRITISH EMBASSY
BAGHDAD
Thank you for your letter of 7 May.
I would like to reassure you and the Committee
that the FCO does not tolerate sexual harassment or abuse, and
that we handle allegations of any such conduct on our premises—even
when FCO staff are not directly involved—with the utmost
seriousness. That was certainly our approach in the case about
which Mr Muscati has written to you.
As soon as Embassy senior management became
aware of the allegations reported by Mr Muscati, they acted immediately.
The Deputy Head of Mission became aware of the allegations on
4 June. He and a UK civilian police officer seconded to the Embassy
interviewed the complainants on 5 and 7 June, and reported the
allegations to the local KBR contract manager as soon as he returned
to Baghdad from leave on 9 June.
As the allegations were made by KBR employees
about other KBR employees, we judged that in line with our contract
with the company, it was for the company itself to take forward
the investigation and to report back to us. KBR immediately suspended
those staff who had been the subject of the allegations and removed
them from Baghdad to Kuwait as soon as military flight schedules
permitted. It also despatched its UK-based FCO project manager
and its international lead officer for HR issues to Kuwait and
Baghdad to conduct interviews with those involved in the case.
These interviews took place over the period 13-20 June, using
independent interpreters where necessary.
KBR's final report into the case concluded that
there was no evidence to support the claims of serious sexual
harassment, but that some managers had displayed certain inappropriate
behaviour in the workplace—falling short of misconduct—which
required further strengthening of company guidance. Following
further discussion with KBR, and based on our own knowledge of
the case and of the conduct of KBR's investigation, Embassy and
FCO senior management decided to accept these conclusions and
the report's recommendations.
Later in 2007, we became aware that some of
those who had been indirectly involved in the original case were
raising concerns about KBR's handling of the investigation. We
therefore asked Embassy senior management, comprising officers
who had arrived since the initial investigation, to carry out
a further review and to advise on whether there were grounds to
reopen the case. They consulted with a cross-section of colleagues
who were in Baghdad at the time. They concluded that there were
no grounds to justify reopening the case and that the KBR investigation
was considered by them to have been properly conducted and thorough.
We agreed with their conclusions. We and Embassy senior management
have, however, taken action to ensure that our procedures are
as robust as possible in the event of any future such claims.
All local staff, including those employed by contractors, were
spoken to in late 2007 by the Senior Management Officer who told
them that should any of them have any concerns about inappropriate
behaviour, these should be reported to either himself or the Deputy
Head of Mission. They were assured that any such report would
be dealt with promptly and in strict confidence. This message
has been reinforced by the current Deputy Head of Mission who
has circulated to all staff, including those locally employed
by contactors, local guidance in English and Arabic based on the
FCO's Dignity at Work policy (of which I enclose a copy).
I remain satisfied that the FCO reacted promptly
and correctly to the initial allegations and to subsequent concerns;
that it was correct to ask KBR to take forward the investigation
using staff from outside Iraq; and that the investigation was
as thorough and professional as circumstances in Baghdad allowed.
You refer specifically to Mr Muscati's claim
about the dismissal of Iraqi KBR staff involved in this case.
Decisions on the employment or dismissal of KBR staff are a matter
for the company, but it is my understanding that the staff concerned
did not lose their jobs for making or supporting the allegations,
and that the principal complainant had already been dismissed
for disciplinary reasons before she made the allegations.
We have no plans to introduce legislation applying
to contractors in Iraq or Afghanistan along the specific lines
you set out, although we are continuing to consider the full range
of options for wider regulation of Private Military and Security
Companies—a category of companies which does not include
KBR. We are confident that our working and contractual relationships
with our contractors in Iraq and Afghanistan, and our procedures
for managing those relationships, are sufficiently robust that
any cases of alleged crime or misconduct would be brought to our
attention promptly and followed up as necessary. While we take
very seriously any allegations of crime or misconduct by companies
engaged on FCO contracts, there is no evidence whatsoever of widespread
misconduct by our contractors in Iraq or Afghanistan in the course
of their contractual duties for us, and legislation would not
be a necessary or proportionate response to the case raised in
your letter.
17 May 2008
DIGNITY AT
WORK—POLICY
All FCO-staff are entitled to be treated with
respect. No-one should be exposed to unfair discrimination, including
harassment, bullying or victimisation on any grounds, including
gender, age, philosophical belief, marital status, family status,
race, disability, religion, faith or sexual orientation. Bullying,
in any form, is unacceptable (See Annex 15A for an explanation
of these terms).
The FCO wants to draw on the very best of Britain's
diverse society. To operate efficiently and effectively we need
to get the best out of staff. This means creating and maintaining
an inclusive environment in which all staff have the opportunity
to fulfil their own potential. Each individual's personal background
and experience should be drawn on to help the FCO achieve its
objectives.
DIGNITY AT
WORK—THE
RIGHTS OF
STAFF
The FCO aims to provide all staff with equality
of opportunity in all aspects of their work including:
— recruitment and vacancy filling;
— allocation of work and objective
setting;
— the operation of the staff appraisal
system and the award of performance related pay;
— promotion and progression;
— internal procedures, including disciplinary,
poor performance, attendance and grievance/complaints procedures;
— transfers, redeployment and redundancy;
and
FCO policies in this area comply with domestic
legislation and European Community Law.
DIGNITY AT
WORK—RESPONSIBILITY
FOR POLICY
The Director-General Corporate Affairs, under
the direction of the PUS, who is guided by the Board of Management,
is responsible for the FCO's overall equal opportunities policy.
Please see the HR Diversity homepage and FCO Services Diversity
homepage for further information on policies and practices within
the FCO.
Complaints of discrimination, harassment, victimisation
or bullying are dealt with under the FCO Grievance Procedure for
UK-based staff. Local staff should follow the procedure at Post.
DIGNITY AT
WORK—INDIVIDUAL
RESPONSIBILITY
To work effectively, the FCO's equal opportunities
policy must be shared, supported and put into effect by every
member of staff at every level, as well as by those who undertake
business on our behalf. The FCO expects this commitment. The majority
of FCO staff believe in equality of opportunity and want to treat
others decently. The keys to achieving this are respect and awareness.
Respect for our colleagues and others requires
us to be aware at all times of the effect our words and actions
may have on them. Assumptions about another person's age, ability,
outlook, or requirements may result in unintended unfair discrimination,
as can working practices and procedures. Favouring one person
over another or one group over another may have damaging and unjustifiable
repercussions for others.
Properly applied this equal opportunities policy
is a tool for good management. If we do not make and keep these
commitments it can only damage the interests and reputation of
the FCO and all of us who work here.
DIGNITY AT
WORK—MISCONDUCT
Most FCO staff are committed to equality of
opportunity and treat colleagues with respect. We will support
them in this through training, counselling and advice.
Deliberate or persistent unfair discrimination,
including harassment, bullying or victimisation is a different
matter. It will be treated as misconduct or gross misconduct,
as the circumstances warrant and considered for formal action
as outlined in Chapter 22 of this volume ("Misconduct Procedures").
Unintentional discrimination, which can be equally damaging, may
also, in certain circumstances, be treated as misconduct or gross
misconduct.
Anyone found to have contravened the equal opportunities
policy may, irrespective of any other action which may need to
be taken, be required to attend diversity training. Refusal to
do so may result in disciplinary action.
DIGNITY AT
WORK—PERSONAL
LIABILITY
If staff are named in a complaint of discrimination
lodged with an Employment Tribunal, the FCO may be held liable
for their actions, even if the FCO has no knowledge of, or has
not sanctioned the actions. However it will be a defence for the
FCO to prove that it took such steps as were reasonably practicable
to prevent discrimination by employees. But where staff behaviour
is clearly in contravention of this Policy they may be personally
liable and called upon to pay any compensation to the person who
lodged the complaint.
DIGNITY AT
WORK—QUESTIONNAIRES
AND MONITORING
It is important that we know the ethnic origin
of staff, the gender of staff and details of anyone who has a
disability in the FCO. Only by gathering this information can
we monitor recruitment and progression rates of staff, determine
if any of our procedures or practices discriminate in any way
and, where necessary, take action to prevent discrimination. All
information in this respect is treated confidentially. Information
on individuals is not made available to anyone outside HR Workforce
Planning section.
DIGNITY AT
WORK—STAFF
SUPPORT GROUPS
The following staff groups exist to offer advice
and support as well as to feed ideas into the Administration to
improve any procedures and practices which may unintentionally
discriminate:
— Civil Service Retirement Fellowship;
— DAG (Disability Action Group);
— Dyslexia Contact Group;
— EDAG (Ethnic Diversity Advisory Group);
— EMAG (Ethnic Minority Action Group);
— FLAGG (FCO Lesbian and Gay Group);
— GAG (Gender Advisory Group); and
If staff would like to join any one of these
groups or speak to its members, they can find details on FCONet,
Staff Support Groups Homepage: http://www.fconet.fco.gov.uk/Communities+and+Social/Interest+Groups/Staff+Support+Groups/.
DIGNITY AT
WORK—MAKING
A COMPLAINT
Any UK-based member of staff who believes that
he or she has suffered unfair discrimination, including harassment,
bullying or victimisation, or any other treatment which they believe
contravenes the FCO's Equal Opportunities Policy may invoke the
FCO's Grievance Procedure. Local staff should follow the procedure
in place at Post. Any complaint found not to have been brought
in good faith will be dealt with as misconduct.
Staff also have the right to make a complaint
to an Employment Tribunal under the appropriate Act. The law requires
that, in most cases, Employment Tribunal applications are made
within three months of the incident. In cases of sex or race discrimination,
they may seek assistance from the Equal Opportunities Commission
or the Commission for Racial Equality, respectively. Those who
consider that they have suffered disability discrimination can
seek the assistance of the Disability Rights Commission.
DIGNITY AT
WORK—USEFUL
CONTACTS
There is a list of useful contacts at Annex
15B.
ANNEX 15A—EXPLANATION
OF DISCRIMINATION,
HARASSMENT, VICTIMISATION
AND BULLYING
Introduction
As a best practice employer, the FCO takes seriously
all complaints relating to unfair discrimination, including harassment,
bullying or victimisation in any form.
Harassment
Harassment is behaviour which is unwanted, unreasonable,
or offensive to the recipient. It usually persists over a length
of time, but one incident which is sufficiently serious may also
amount to harassment. It is important to note that whether or
not the behaviour was intended to cause offence is irrelevant.
What matters is the recipient's perception, although it must be
shown that the actions or remarks had the potential to be offensive
in the first place.
Since the coming into force of the Public Order
Act 1986 and the modifications made to it by the Public Order
(Amendment) Act 1996 and Protection from Harassment Act 1997,
harassment and racial hatred may amount to criminal acts.
Victimisation
Victimisation occurs where a person has alleged
unfair discrimination or has assisted a complainant, or is suspected
of having done so and, as a result, is treated less favourably
than other people.
Bullying
Workplace bullying occurs when offensive treatment
is used to undermine or attempt to undermine an individual employee
or group of employees. Such attacks on an individual's personal
and/or professional integrity or performance can be unpredictable
and irrational and are often unseen by others.
Bullying may take many forms and may not easily
be recognised. The following can be used as euphemisms for bullying:
attitude problem, unreasonable behaviour, strong or autocratic
management style.
Staff who are bullying may display the following
traits: consider that they are never wrong, blame everyone but
themselves, are often poor communicators, are tyrannical to subordinates
yet charming to outsiders and superiors, have a need to control
and/or are vindictive.
Abuse of power or position in this way can cause
chronic stress and anxiety; the employee loses self-belief and
may suffer physical ill health and/or mental distress as a result.
Discrimination
Discrimination may be direct or indirect:
— direct discrimination occurs where
a person treats another person less favourably, on the grounds
of their race, age, gender, marital status, family status, disability,
sexual orientation or religion, faith or other similar philosophical
belief; and
— indirect unfair discrimination is
more complex. Broadly, it occurs when a provision, criterion or
practice is imposed which appears to apply equally to staff regardless
of race, sex, sexual orientation or religion or other similar
philosophical belief, but is unfairly discriminatory in effect,
and cannot be justified.
Disability discrimination
The Disability Discrimination Act 1995 (DDA),
defines a disabled person as someone with a physical or mental
impairment which has a substantial and long term adverse effect
on their ability to carry out normal, day-to-day activities. An
employer directly discriminates against a disabled person if that
person is treated less favourably for a reason which relates to
their disability, than someone to whom that reason does not apply.
In order for such treatment to constitute unfair discrimination
there is a further requirement that the treatment concerned cannot
be shown to be justified. There is no concept of indirect discrimination
in cases of disability.
Under the DDA, there is a separate duty on the
employer to make "reasonable adjustments" to working
arrangements and the work environment for a person with a disability.
Failure by the employer to comply with this duty without justification
also amounts to unfair discrimination.
ANNEX 15B—USEFUL
CONTACTS
Trade Union Side
OAB 2/56
Tel: 020 7008 1703/1708/1709
Fax: 020 7008 1713
FCO Services Trade Union Side
Building 18A Hanslope Park
Tel: 01908 515088.
FCO Services Harassment Advisers' Network
The Equal Opportunities Commission
Arndale House
Arndale Centre
Manchester M4 3EQ
Tel: 0845 601 5901/0161 838 1733.
The Commission for Racial Equality
St Dunstan's House
201-211 Borough High Street
London SE1 1GZ
Tel: 020 7939 0000/1
E-mail: info@cre.gov.uk
CRE Website: Disability Rights Commission
222 Gray's Inn Road
London WC1X 8HL
Tel: 08457 622 633/08457 778 878
Advisory and Conciliation and Arbitration Service (ACAS)
Brandon House
Borough High Street
London SE1 1LW
Tel: 020 7210 3613/3708
Central Office of Employment Tribunals
100 Southgate Street
Bury St Edmunds
Suffolk IP33 2AQ
Tel: 01284 762 300
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