Part XIII Miscellaneous

Chapter I Particular types of employment

Crown employment etc.

C1C2192 Armed forces.

1

Section 191—

a

applies to service as a member of the naval, military or air forces of the Crown but subject to the following provisions of this section, and

b

applies to employment by an association established for the purposes of Part XI of the M1Reserve Forces Act 1996.

2

The provisions of this Act which have effect by virtue of section 191 in relation to service as a member of the naval, military or air forces of the Crown are—

a

Part I,

F1aa

in Part V, F7sections F1043M, 45A, 47C and 47D, and sections 48 and 49 so far as relating to F8those sections ,

F2ab

section 47C,

F16ac

Part 5B,

b

in Part VI, sections F355 to 57B,

c

Parts VII and VIII,

d

in Part IX, sections 92 and 93,

e

Part X, apart from sections F1198B(2) and (3), 100 to 103 F9, 104CF17, 108(5) and 134, and

f

this Part and Parts XIV and XV.

3

Her Majesty may by Order in Council—

a

amend subsection (2) by making additions to, or omissions from, the provisions for the time being specified in that subsection, and

b

make any provision for the time being so specified apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council,

but no provision contained in Part II may be added to the provisions for the time being specified in subsection (2).

C34

Modifications made by an Order in Council under subsection (3) may include provision precluding the making of a complaint or reference to any F4employment tribunal unless F5—

a

the person aggrieved has made F12a service complaint ; and

b

the Defence Council have made a determination with respect to the F13service complaint .

C4F6 5

Where modifications made by an Order in Council under subsection (3) include provision such as is mentioned in subsection (4), the Order in Council shall also include provision—

a

enabling a complaint or reference to be made to an F4employment tribunal in such circumstances as may be specified in the Order, notwithstanding that provision such as is mentioned in subsection (4) would otherwise preclude the making of the complaint or reference; and

b

where a complaint or reference is made to an F4employment tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the F14the service complaint procedures to continue after the complaint or reference is made.

F156A

In subsections (4) and (5)—

  • “ service complaint ” means a complaint under section 334 of the Armed Forces Act 2006;

  • “ the service complaint procedures ” means the procedures prescribed by regulations under that section.

7

No provision shall be made by virtue of subsection (4) which has the effect of substituting a period longer than six months for any period specified as the normal period for a complaint or reference.

8

In subsection (7) “the normal period for a complaint or reference”, in relation to any matter within the jurisdiction of an F4employment tribunal, means the period specified in the relevant enactment as the period within which the complaint or reference must be made (disregarding any provision permitting an extension of that period at the discretion of the tribunal).