13.—(1) These Regulations, shall have effect in relation—
(a)subject to paragraphs (2) and (3) and apart from regulation 7(1), to service as a member of the armed forces, and
(b)to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996 M1.
(2) These Regulations shall not have effect in relation to service as a member of the reserve forces in so far as that service consists in undertaking training obligations—
(a)under section 38, 40 or 41 of the Reserve Forces Act 1980 M2,
(b)under section 22 of the Reserve Forces Act 1996,
(c)pursuant to regulations made under section 4 of the Reserve Forces Act 1996,
or consists in undertaking voluntary training or duties under section 27 of the Reserve Forces Act 1996.
(3) No complaint concerning the service of any person as a member of the armed forces may be presented to an employment tribunal under regulation 8 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(b)that complaint has not been withdrawn.
(4) For the purposes of paragraph (3)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit the complaint to the Defence Council under those procedures.
(5) Where a complaint of the kind referred to in paragraph (3) is presented to an employment tribunal, the service redress procedures may continue after the complaint is presented.
(6) In this regulation, “the service redress procedures" means the procedures, excluding those which relate to the making of a report to Her Majesty, referred to in section 180 of the Army Act 1955 M3, section 180 of the Air Force Act 1955 M4 and section 130 of the Naval Discipline Act 1957 M5M6.
Marginal Citations
M6Each of the sections referred to in paragraph (6) was substituted by section 20 of the Armed Forces Act 1996 (c. 46).