On 24 Feb an Adjournment Debate on the Milroy Case was held in the House of Commons. Adjournment debates are a vital tool for backbenchers to press the Government for action without requiring a formal vote.
The debate was started by Gavin Robinson (DUP, Belfast East). He explained that Major Charles Milroy had been denied a pension when he retired. Major Milroy took his case to both the Employment Tribunal and the Employment Appeal Tribunal, and was successful. The tribunals agreed that he had been treated unfairly compared with full‑time personnel, under the Part‑time Workers Regulations 2000.
Mr Robinson and other MPs asked the Government to accept the court’s decision and set out a clear plan for putting it into practice. They also called for confirmation that:
- enough funding would be provided, and
- an impact assessment would be published, showing how many reservists are affected and what the financial cost is likely to be.
Responding for the Government, the Minister for Veterans and People, Louise Sandher-Jones said:
“The finding raises legitimate and complex questions about how certain forms of reservist service are characterised in law, and how they interact with employment-related rights, including questions of pay and pensions in this individual case. As such, the Government are carefully considering its implications for the judgment. That work is ongoing and it is being carried out while the case remains within the statutory period during which an appeal may be brought. It would therefore not be appropriate for me to prejudge the Government’s final position at this stage.”
Our understanding is that this statutory period during which the Government may appeal ends in late March so we should be able to provide a further update then.
In the meantime our previous guidance to those who may have been affected by this case still stands and can be found here.
The full debate can be found here.
