Unfair pension treatment for part-time Reserve service pre-2015
On 5 August 2024 an Employment Tribunal found in favour of Major Charles Milroy, judging that by
- (i) denying the claimant access to the Armed Forces Pension Scheme 1975 and successor schemes and
- (ii) using a divisor of 365.25 to calculate the claimant’s daily rate of pay, the claimant was treated less favourably as a part-time worker than the respondent treated a comparable full-time worker in terms of the Part Time Workers (Prevention of Less Favourable Treatment) Regulations (PTWR) 2000. The full judgement can be read here.
The MOD submitted an appeal to the Employment Appeal Tribunal (EAT) on the 17 September 2024.
On 29 Jan 2026, 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 mobilised 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.
Latest Update 8 October 2026
On 8 October 2026, the Court of Session granted the MoD permission to appeal the Employment Tribunal’s August 2024 decision.
This overturns the Employment Appeal Tribunal’s earlier refusal, issued on 9 January 2026, to allow an appeal.
The Court’s reasons have not yet been published, and it is not yet known whether the MoD will proceed with an appeal. We will continue to provide updates.
The guidance we previously shared with members who may have been affected is unchanged
Latest updates
October 2026: Court of Session granted the MoD permission to appeal
June 2026: Court of Session agrees a hearing date of 8 October
April 2026: MOD Appeal Progresses to Court of Session
February 2026: Milroy case debated in House of Commons
January 2026: MoD’s appeal against the findings of the Milroy Employment Tribunal refused – next steps
October 2024: The Milroy Case and Reservists’ Pensions including guidance to those who may be affected