Claimant v Secretary of State for Defence
Outcome
Individual claims
The tribunal found that the Claimant's complaints of direct sex discrimination in relation to RNFT Warnings and the discharge decision were presented outside the statutory time limits and dismissed them for want of jurisdiction.
The tribunal found that the Claimant's complaint of direct sex discrimination in relation to his discharge was not well founded. The tribunal concluded, after hearing evidence over four days, that the Claimant had not established that he was treated less favourably because of his sex.
Facts
The Claimant, Mr J Oxley, brought claims of direct sex discrimination against the Ministry of Defence relating to RNFT (Royal Navy Fitness Test) Warnings, a discharge decision, and his actual discharge from military service. The hearing lasted four days before Employment Judge Volkmer at Exeter. The Claimant represented himself while the Respondent was represented by counsel.
Decision
The tribunal dismissed all claims. The complaints relating to RNFT Warnings and the discharge decision were dismissed for being out of time. The complaint of direct sex discrimination in relation to the actual discharge was dismissed on its merits as not well founded.
Practical note
Unrepresented claimants in discrimination cases must ensure claims are brought within strict time limits, and establishing less favourable treatment because of a protected characteristic requires credible evidence even in military discharge cases.
Case details
- Case number
- 6001947/2024
- Decision date
- 18 September 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- military
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No