Update as of 9 April 2026
On 29 January 2026, the MOD was refused permission to challenge the Milroy decision by an Employment Appeal Tribunal. In late March the MOD then asked a higher court, the Court of Session, for permission to challenge the decision.
The Court of Session may agree or refuse to consider the case, and a decision could take anywhere from a few weeks to up to six months. Updates will be shared as soon as more information is available.
In the meantime our previous guidance to those who may have been affected by this case still stands and can be found here.
You can read the backgound of this issue here
