On 29 Jan, the Milroy Employment Appeal Tribunal (EAT) refused the MOD’s appeal against the original Employment Tribunal’s decision on all 4 grounds, finding that the claimant was a part time worker who had been treated less favourably than his regular counterparts in pension and pay terms. This is a significant outcome.
With the exception of the 2 year qualifying period, this decision appears to indicate that: non mobilized reserve service prior to 1 Apr 2015 should have been pensionable under AFPS 75 or 05; and that calculating the reserve rate of pay by an annual divisor of 365.25 (rather than a smaller number that took account of non-working days) was wrong.
We are in dialogue with the MOD on how it intends to remedy these wrongs; we have been informed that they are reviewing the judgement in detail and will provide an update once their assessment is complete.
This is likely to be a complex and time-consuming process, and we will of course keep you posted.
Members can read the EAT judgement here.
Our previous guidance to those who may have been affected remains extant.
