URGENT ACTION REQUIRED BY RESERVISTS TO SEEK TO PROTECT PENSION AND UNFAIR PAY CLAIMS.
IMPORTANT
Urgent steps may need to be taken by Armed Forces Reservists to protect their right to bring a claim for unfair treatment and denial of access to a pension as a part-time worker and for the potential for certain reservists to bring a further claim for unfair pay.
We are aiming to act for a group of reservists in connection with these claims to enable the matters to be dealt with in a cost effective and efficient manner. To enable this to proceed, we will need a core group to have formed by 17.00 on Friday 7 February 2025 and therefore request that you contact us before then if you are interested in joining this group.
Reservists Pensions and rate of pay – Major Milroy Case
In August 2024, the Employment Tribunal (Scotland) published its Judgment in Major Milroy’s claim against the Ministry of Defence for unfair treatment and denial of access to a pension as a part-time worker in his capacity as an Armed Forces reservist.
The Judgment confirmed that Major Milroy (as an Armed Forces Reservist) was treated less favourably as a part-time worker and had been denied access to the Armed Forces Pension Scheme 1975 and successor pension schemes. It was also confirmed that the calculation of a reservists’ daily rate of pay gave rise to less favourable treatment of part-time workers.
This Judgment has the potential to give rise to wide ranging implications for pensions entitlement and daily rate of pay for reservists, and the Ministry of Defence has appealed to the Employment Appeals Tribunal.
The Forces Pension Society has published some guidance for those who may be affected which indicates that those who wish to consider bringing their own claim should seek independent legal advice.
How to get more information
Please email reservistspensionsclaims@tyrlaw.co.uk to ask any questions.
We hosted a webinar on Friday 31 January 2025 to discuss the implications of the Milroy Judgment for all reservists.
Sign up to watch a recording of the webinar here: https://tyrlaw.co.uk/watch-webinar/
During the webinar we discussed the following points:
- Should reservists consider taking any steps now to protect their potential pensions entitlement and claims for back-dated pay in light of the Milroy Judgment?
- Are retired reservists (such as Major Milroy) out of time to issue a protective claim or can they do so now?
- What is the process for issuing a protective claim and what are the costs of doing so?
- Can reservists act collectively to take similar action?
- What is the process and likely timing applicable to the Milroy appeal by the Ministry of Defence?
- What should reservists consider doing at this stage and/or in due course?
- Any other questions that may be raised in advance of or during the course of the webinar.
What next?
Please email reservistspensionsclaims@tyrlaw.co.uk to ask any questions.
Sign up to watch a recording of the webinar here: https://tyrlaw.co.uk/watch-webinar/
Why Tyr?
We have significant experience of acting for claimants in group actions, including specialist expertise of pensions and employment law disputes.
Tyr is currently acting for claimants in the high-profile RHA Trucks competition litigation alongside other group actions.
For the avoidance of doubt, any information we provide during the webinars cannot be relied upon as legal advice and we accept no responsibility or liability to any individual unless and until they enter into engagement terms with us to become a client of the firm. Should individuals decide they want to engage us to provide legal advice on their position we will explain a cost-effective proposal we have in that regard.
