Claimant v Secretary of State for Defence
Outcome
Individual claims
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.
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.
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.
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