Claimant v Secretary of State for Defence

The claim was struck out as having no reasonable prospect of success because Schedule 9, paragraph 4(3) of the Equality Act 2010 provides an absolute statutory exception excluding age discrimination claims relating to service in the armed forces, including recruitment. This exception is lawful under the Framework Directive 2000/78/EC and is not subject to any proportionality requirement.

The claim was struck out as having no reasonable prospect of success because Schedule 9, paragraph 4(3) of the Equality Act 2010 exempts the armed forces from the work provisions of the Act relating to disability. The Tribunal has no jurisdiction to hear disability discrimination claims relating to armed forces recruitment.

This claim relating to reasonable adjustments for dyslexia during the defence aptitude assessment was struck out along with the disability discrimination claim, as the Tribunal has no jurisdiction under Schedule 9, paragraph 4(3) of the Equality Act 2010 to hear disability-related claims concerning armed forces recruitment.

The respondent's application to strike out the race discrimination claim was refused. Although the claim was poorly particularised, the tribunal took the claimant's case at its highest as a litigant in person and noted he had identified two comparators of a different race who he alleges were treated more favourably. Further particulars were ordered before determining whether the claim has little reasonable prospect of success.