Army reservist wins crucial employment rights appeal against Ministry of Defence
An Army reservist has successfully argued for key employment rights, securing a win against the Ministry of Defence at the Employment Appeal Tribunal.
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Army Reservist Secures Employment Rights Victory
An Army reservist has successfully fought for his employment rights in a significant case at the Employment Appeal Tribunal. Mr Charles Milroy challenged the Ministry of Defence, arguing that he was treated less favourably than his full-time regular counterparts.
Key Findings in Favour of the Reservist
The Tribunal upheld the Employment Tribunal's decision, confirming that Mr Milroy was a "worker" for the purposes of part-time worker regulations. This crucial finding means his service prior to April 2015 should be considered for pension purposes and that his daily rate of pay was less favourable than that of regular soldiers.
The Ministry of Defence had appealed the initial ruling, questioning whether Mr Milroy's relationship with the Army was substantially different from that of a typical 'worker'. They argued that the unique nature of military service, including its disciplinary regime and exclusion from certain employment rights, should exempt them from these regulations.
Tribunal Affirms Worker Status
However, the Employment Appeal Tribunal found that the initial Employment Tribunal had carefully considered all aspects of Mr Milroy's service. The court concluded that his relationship with the Army was not so "substantially different" as to exclude him from the protections afforded to part-time workers.
Specifically, the Tribunal agreed that the calculation of Mr Milroy's daily pay, using a divisor that did not account for regular soldiers' non-working days, constituted less favourable treatment. Furthermore, the exclusion of his service prior to April 2015 from pension calculations was also deemed to be 'on the ground' of his part-time status.
Ministry of Defence Appeal Refused
The appeal lodged by the Advocate General for Scotland, representing the Ministry of Defence, has been refused. This outcome reinforces the principle that part-time reservists are entitled to be treated fairly and without discrimination under employment law.
The judgment highlights the importance of considering the entirety of an individual's working relationship when determining worker status and ensuring compliance with part-time working regulations.
Read the entire judgment here: Advocate General for Scotland v Mr Charles Milroy [2026] EAT 25
