Jurisdiction(s):
United Kingdom

Glasgow Employment Tribunal: MoD discriminated against reservist by excluding him from Armed Forces Pension Scheme and miscalculating daily pay; objective justification under the Part-time Workers Regulations 2000 failed.

Published on: 15 August 2024

Published by a Law360 reporter

Legal News

Article summary

Employment Judge Frances Eccles, sitting at the Glasgow Employment Tribunal, held that the MoD contravened the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551 by subjecting Major Charles Milroy to less favourable treatment than comparable full-time staff. As a territorial army reservist he was paid a reduced daily rate and denied entry to the armed forces’ pension scheme, per a judgment issued on 5 August 2024 and published on 12 August 2024. In the 5 August 2024 reasons, Judge Eccles concluded the claimant had been treated less favourably as a part-time worker because he was refused membership of the Armed Forces Pension Scheme 1975 (AFPS 75) and its successor schemes, and because a divisor of 365.25 was applied to calculate his daily pay, when contrasted with the approach to full-time comparators. Judge Eccles further determined that the MoD had barred Milroy—who served in the Territorial Army from 1982 until retiring in 2019—from joining the pension arrangements for military personnel, namely AFPS 75 and later iterations, purely on the basis that he was a reservist working part-time. The MoD argued that...

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