The Working Time Regulations (Northern Ireland) 2016

Armed forces

49.—(1) Regulation 48 applies—

(a) subject to paragraph (2), to service as a member of the armed forces, and

(b) to employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996(1).

(2) No complaint concerning the service of any person as a member of the armed forces may be presented to an industrial tribunal under regulation 43 unless—

(a) that person has made a complaint in respect of the same matter to an officer under the service redress procedures, and

(b) that complaint has not been withdrawn.

(3) For the purpose of paragraph (2)(b), a person shall be treated as having withdrawn that complaint if, having made a complaint to an officer under the service redress procedures—

(a) where the service redress procedures are those referred to in sections 340A to 340G of the Armed Forces Act 2006(2), neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the person who made the complaint fails to apply for such a reference to be made;

(b) in any other case, the person who made the complaint fails to submit the complaint to the Defence Council under the service redress procedures.

(4) Where a complaint of the kind referred to in paragraph (2) is presented to an industrial tribunal, the service redress procedures may continue after the complaint is presented.

(5) In this regulation, “the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in sections 340A to 340G of the Armed Forces Act 2006.

(1)

1996 c. 14

(2)

2006 c. 52; the Armed Forces Act 2006 was amended by section 2 of the Armed Forces (Service Complaints and Financial Assistance) Act 2015 (2015 c.19)