Major C Milroy v Advocate-General for Scotland

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103202/2020 5 Final Hearing in person held in Glasgow on 17, 18, 19, 20, 21 and 24 April 2023 Employment Judge Employment Judge F Eccles 10 Tribunal Member R McPherson Tribunal Member D Frew Mr C Milroy Claimant Represented by: Mr A Ohringer - 15 Barrister [Instructed by Mr S de Lacey - Solicitor] Advocate General for Scotland Respondent as representing...

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Employment Tribunal is 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 30 pay, the claimant was treated less favourably as a part-time worker than the respondent treated a comparable full-time worker ...

REASONS Background 35 1. The final hearing was held on various dates in April 2023. The Tribunal was composed of Employment Judge Ian McPherson and Non-Legal Members Robert McPherson and Donald Frew. It was not possible for the Tribunal to 4103202/2020 Page 2 reach a decision before Judge McPherson’s retirement in March 2024. Parties were contacted by the President to explain the position. In r...

2. The hearing was listed to determine liability only. The claimant complained of unauthorised deduction from wages under the Employment Rights Act 1996 (ERA) and less favourable treatment under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR). 20 Following a preliminary hearing, the claim under ERA was found to be out of time and dismissed by judgment dat...

3. The clam under the PTWR is concerned with reservists (“reservists”) not having access to the Armed Forces Pension Scheme 1975 (“AFPS 75”) and successor schemes to which reservists were also denied access. The 25 claimant also challenges the basis on which a reservist’s daily rate of pay is calculated using a divisor of 365.25 of a regular’s annual rate of pay. The period of claim is from the...