Jurisdiction(s):
United Kingdom

Employment Appeal Tribunal upholds Army reservist’s worker status; MoD breached Part-time Workers Regulations on pension access and pay, with consequences for over 1,000 paused claims

Published on: 05 February 2026

Published by a Law360 reporter

Legal News

Article summary

Employment Appeal Judge Douglas Fairley, sitting in Edinburgh, confirmed on 29 January 2026 a decision that the MoD had penalised Major Charles Milroy. Fairley J said the department did so because of his part-time status, by ignoring his service before April 2015 for pension calculations and paying him less than full-time colleagues. In a judgment that may affect other army reservists, Fairley J rejected the MoD’s case that Milroy was not a worker for the purposes of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551, which protect the rights of part-time staff. Fairley J stated that the lower tribunal had ruled ‘that there was no substantial difference between the nature of [Milroy’s] relationship with the Army on the one hand and that between an employer and...

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