Mr G Cue v Ministry of Defence — 2023

The hearing was a public preliminary hearing considering jurisdictional issues in Claims 1, 2 and 3. The tribunal recorded that the claimant remained an Army Reservist until 23 February 2023, after the three claims under consideration had been presented.

On the Equality Act complaints, the tribunal held that paragraph 4(3) of Schedule 9 excludes age and disability discrimination claims relating to service in the armed forces. It considered T v MOD, but distinguished it because the claimant in that case was an ex-servicewoman, whereas the present claims concerned matters while the claimant remained in service. The age discrimination complaints in Claims 1, 2 and 3, including a victimisation complaint flowing from a protected act relating to age, were dismissed as outside jurisdiction.

On the Employment Rights Act complaints, the tribunal considered sections 191 and 192 ERA 1996 and the transitional provision in Schedule 2 paragraph 16. It held that section 191 does not currently apply to service as a member of the armed forces and that the tribunal therefore had no jurisdiction over the protected disclosure detriment and unlawful deduction from wages complaints in Claim 3. The tribunal noted that any unfair dismissal claim was not being pursued in Claims 1, 2 or 3.