Cases1400716/2024

Claimant v Secretary of State for Defence

11 March 2025Before Employment Judge SmailExeterremote telephone

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Members of the Armed Forces are excluded from bringing unfair dismissal claims under statute law. The claim had no reasonable prospects of success and was struck out.

Whistleblowingstruck out

Members of the Armed Forces are statutorily excluded from bringing claims of dismissal or detriment in connection with protected disclosures. The claim had no reasonable prospects of success and was struck out.

Discrimination Arising from Disability (s.15)(disability)struck out

Members of the Armed Forces are excluded from bringing disability discrimination claims under statute law. The claim had no reasonable prospects of success and was struck out.

Direct Discrimination(sex)struck out

The problem with Naval diving masks not fitting the claimant's facial structure applied to men and women alike, so there was no prima facie sex discrimination. The claim had no reasonable prospects of success and was struck out.

Facts

The Claimant was a member of the Armed Forces who experienced issues with Naval diving masks not fitting his facial structure. He brought claims for unfair dismissal, whistleblowing, disability discrimination and sex discrimination against the Ministry of Defence. The case was heard by telephone as a strike-out hearing.

Decision

The Employment Judge struck out all claims on the basis that members of the Armed Forces are statutorily excluded from bringing unfair dismissal, whistleblowing and disability discrimination claims. The sex discrimination claim also failed as the diving mask fitting issue affected men and women alike, so there was no prima facie discrimination.

Practical note

Members of the Armed Forces have limited employment tribunal rights and are excluded by statute from bringing unfair dismissal, whistleblowing and disability discrimination claims.

Legal authorities cited

Case details

Case number
1400716/2024
Decision date
11 March 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
military
Represented
Yes
Rep type
barrister

Employment details

Role
Member of the Armed Forces

Claimant representation

Represented
No