Armed Forces (Service Complaints and Financial Assistance) Act 2015

Equality Act 2010 (c. 15)

13 (1) Section 121 (armed forces cases in relation to which employment tribunal has jurisdiction) is amended as follows.

(2) For subsection (2) substitute—

“(2) Where the complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the 2006 Act, it is to be treated for the purposes of subsection (1)(b) as withdrawn if—

(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires, and

(b) either—

(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6) of the 2006 Act (review of decision that appeal brought out of time cannot proceed), or

(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”

(3) Omit subsections (3) and (4).

(4) In subsection (5), for the words from “the service” to the end substitute “the procedures set out in service complaints regulations.”

(5) After subsection (5) insert—

“(6) In this section—

• “the 2006 Act” means the Armed Forces Act 2006;

• “service complaints regulations” means regulations made under section 340B(1) of the 2006 Act.”