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A former paratrooper who had a sex-change operation has won a £250,000 payout for hurt feelings after being ordered to wear a man’s army uniform.
Jan Hamilton, formerly Captain Ian Hamilton, was awarded the sum by the Ministry of Defence (MoD) in an out-of-court settlement after claiming that she was humiliated by the order.
The size of the payout will outrage veterans who have received far lower awards for being injured in the line of duty. Lance Bombardier Ben Parkinson, 23, who lost both legs and suffered brain damage after triggering a Taliban landmine was initially offered £152,000. Although described by doctors as the worst injured soldier ever to survive, the MoD only raised his payout to £285,000 after a campaign from soldiers’ families.
According to current MoD settlements soldiers receive £57,000 for the loss of a leg and £285,000 for the loss of both arms or legs.
Yesterday Hamilton said she was happy with the settlement. Of the payouts to other soldiers, she said: “I count my blessings I came home in one piece. My thoughts go out to anyone serving out there in a uniform.”
Hamilton served in Afghanistan and Iraq before deciding to undergo gender reassignment surgery. She claims she made repeated requests to discuss the move with her superiors and was summoned to attend a compulsory medical examination in April 2007 wearing her male uniform.
She refused to attend and announced she was taking legal action against the army, saying at the time: “I have been living as a woman since January, but as far as the army is concerned I am still a man. I have a male ID. It would have been humiliating and demeaning for me to turn up for my medical examination dressed in a man’s uniform.”
The MoD refused to discuss the settlement, saying: “Jan Hamilton has decided to bring her service with the armed forces to an end and is pursuing other career opportunities.”
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They don't have handbags in the Paratroop regiment?
David Masu, Zürich,
Where is the author's name or news agency source of this article? I challenge the author to put his/her own reputation on the line so that when the truth comes out, they can be held to account. Don't tarnish this former soldiers' name with speculation from unverifiable sources.
Chucky, Newcastle, Australia
I too would find it humiliating and demeaning to be instructed to turn up dressed in a mans uniform. And why would I be asked to carry a male ID?
I think my feelings, like Jans, would be hurt too. The MoD should learn a lesson from this and treat all women equally
Josephine, London, United Kingdom
From her own website http://www.janhamilton.co.uk/index.html
"I want to state categorically that I have not sought, nor would accept such a sum. Nor is there, in fact, any binding agreement in place of any sort between myself and the MOD."
???
Nicki Barr, N.Wilts,
If the uniform required were unisex it is unlikely the MOD would have made any payment, more likely there would have been disciplinary action for not obeying the order. The MOD refer to Jan as her, she is probably legally female & should be treated and referred to as female, and treated equally.
June Angela, Thurrock,
Hamilton would have been told to turn up in combat 95 uniform which is unisex. Should all our female soldiers start suing the MOD as well. If this man had any honour he would donate his money to a charity which helps those soldiers injured in conflicts.
Brian, Aldershot, England
The issue here is not Jan but the dreadfully low level of compensation paid to servicemen who come home from the war. If a civilan was injured in this way, they would get 10 times the amount the MOD pay. They deserve so much more.
Ian, manchester,
This is ridiculous, Mr Hamilton signed a contract of employment with the MOD as a MAN and as such was given responsibilities in accordance with experience etc. To change to a WOMAN and expect everything to be the same is ridiculous. The MOD should be ashamed at giving in to this hurt feelings.
joe, Edinburgh, Scotland
I am totally appalled at the decision to pay out any monies, when so many of our brave service staff are returning home with horrific injuries and recieve so little compensation.
He / she made the decision and should therefore have to bear the consequences not sponge off the state.
Gary Wells, Mumbai, India
I make no comment on the size of this award - it may or may not be appropriate- but am I the only one sickened to my stomach by the relatively awards for the injured? How can the loss of limbs, sight and life be worth less than injured feelings?
john, London, UK