13 January 2025
The Northern Ireland Veterans Commissioner’s Office (NIVCO) has been contacted by several veterans regarding the recent Milroy vs Ministry of Defence (MoD) Employment Tribunal. This case has raised questions concerning the Armed Forces Pension Scheme and part-time soldiers’ eligibility prior to 2015.
To address this matter, and to minimise any misinformation, rumours, and to manage expectations, we have gathered the following key information:
Background
On 5 August 2024, an Employment Tribunal ruled in favour of Major Charles Milroy, determining that:
1. Denying the claimant access to the Armed Forces Pension Scheme 1975 and successor schemes.
2. Using a divisor of 365.25 to calculate the claimant’s daily rate of pay.
Both constituted less favourable treatment under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations (PTWR) 2000.
The tribunal found that the claimant, as a part-time worker, was treated unfairly compared to a full-time worker in similar circumstances. The full judgement can be read here.
Appeal by the MoD
On 17 September 2024, the MoD submitted an appeal. The specific grounds for this appeal have not been disclosed.
An MoD spokesperson stated:
“Following legal advice, we have lodged an appeal against the Milroy Employment Tribunal ruling. We’re unable to comment further while the appeal is ongoing.”
What This Means for Veterans
Veterans who believe they may be affected by this ruling should be aware of the following:
• Forces Pension Society Update: The Forces Pension Society has detailed guidance on their website, including instructions for individuals wishing to take action or submit a Service Complaint. These actions are individual and not directly supported by the Forces Pension Society. You can access this information here.
Service Complaints:
• For those who served after 2008: Veterans may submit a Service Complaint under the Service Law introduced by the Armed Forces Act 2006.
• For those discharged before 2008: Veterans should submit complaints through the MoD General Complaints System. This is because prior to 1 January 2008, each of the Services had its own legislation for complaints to be made. This means that before 1 January 2008, Service personnel were not subject to Service law but were subject to the individual Service legislation, and if a Service person is seeking to make a complaint about a matter that occurred before 1 January 2008, they would not have been subject to Service law and it is not possible to make a complaint under the Service Complaints system.
Contact information for the MoD General Complaints System information is detailed below:
MOD General Complaints System
If you wish to make a complaint through the Ministry of Defence (MOD) General Complaints process, you will need to do so in writing to the address below.
The Ministerial Correspondence Unit
Level 5, Zone A
Main Building
Whitehall
London SW1A 2HB
Alternatively, you can email the department via the following address: parlibranch-treat-official@mod.gov.uk. Please note that they cannot reply by email. You must include a postal address if you wish to receive a response.
Role of the Northern Ireland Veterans Commissioner’s Office
It is important to clarify the following:
• Neutral Stance: The Northern Ireland Veterans Commissioner and the office do not directly involve themselves in legal cases or service complaints. This neutrality ensures the Commissioner’s office can fairly represent all veterans.
• Support for Veterans in NI: While we cannot intervene in legal or complaint processes, we are committed to supporting veterans by:
• Providing accurate information.
• Offering connections to relevant organisations.
• Referring veterans for welfare support when applicable.
Our aim is to ensure that veterans living in Northern Ireland are as informed and well-supported as possible.
For further assistance or questions, please contact the Northern Ireland Veterans Commissioner’s Office. We will continue to monitor developments regarding the Milroy vs MoD case and provide updates as they become available.
References:
Milroy vs MoD_Judegment_6 Aug 2025_
Service Complaints Ombudsman for the Armed Forces
Forces Pension Society UPDATE _The Milroy Case and Reservists’ Pensions-