Jurisdiction(s):
United Kingdom

Employment Appeal Tribunal: Army reservists are ‘workers’; less favourable treatment in daily pay and pre-2015 pensions; reg 13(2) Part-time Workers Regulations disapplied; O’Brien test applied

Published on: 18 February 2026

Published by a LexisNexis Pensions expert

Legal News

Article summary

Advocate General for Scotland (Representing the Ministry of Defence) v Milroy [2026] EAT 25

What are the practical implications of this case?

This ruling potentially carries significant real-world consequences for reservists who were kept outside pension entitlement for service rendered before 1 April 2015, when the Armed Forces Pension Scheme 2015 commenced. That said, it should be borne in mind that under the 1975 and 2005 Armed Forces Pension Schemes, which applied only to regular personnel, a two-year qualifying period was required before any pension rights arose. On the Employment Tribunal’s findings, and looking at typical annual duty days and cumulative service, most reservists would not, in any event, have met the thresholds for a pension under those earlier arrangements. When advising in a specific matter, the individual’s span of service will therefore be a critical consideration. The conclusion on the basic pay point appears poised to affect a wider cohort, notwithstanding that it has attracted less media attention than the pension aspect. Unsurprisingly, the Forces Pension Society is engaging with the Ministry of Defence regarding appropriate remedial measures. Advisers should, accordingly, evaluate actual duty patterns and total years when assessing entitlement, with close attention to pre-2015 service recorded carefully...

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