Army Reservist's claims thrown out: tribunal has no power to hear them

A jurisdictional barrier that stopped claims before they started

This case shows how statutory exclusions can prevent Employment Tribunals from even considering the merits of a claim. The claimant, an Army Reservist, brought three separate claims alleging age discrimination, whistleblowing detriment, and unlawful deduction from wages. However, because he was still serving when he lodged the claims, the tribunal had no power to hear them.

The law is clear: Schedule 9 paragraph 4(3) of the Equality Act 2010 states that the age and disability provisions do not apply to service in the armed forces. Similarly, section 192 of the Employment Rights Act 1996 excludes serving members from bringing whistleblowing detriment and unlawful deduction claims. The tribunal therefore dismissed all three claims at a preliminary hearing, without ever examining the facts.

What could have been done differently?

The claimant could have waited until after his service ended on 23 February 2023 before bringing the claims. The tribunal noted that the claims were all submitted while he was still a Reservist. Had he waited, the jurisdictional bar might not have applied, as the exclusions relate to 'service in the armed forces' at the time the claim is brought. However, even then, some claims may still be excluded if they relate to acts during service.

Why this matters for similar claims

This decision is a reminder that Employment Tribunal jurisdiction is not automatic. Certain categories of workers, including armed forces members, police officers, and some others, have limited access to employment rights. Anyone considering a claim should first check whether their employment status or the type of claim is excluded. The tribunal's role is to apply the law as it stands, not to decide whether the exclusion is fair or outdated. As the judge noted, the law 'as currently in force' leaves no room for discretion.