Armed Forces Act 1996

Complaints to F1 ...[F1 employment tribunals]F1 U.K.

Textual Amendments

F1 Words in cross-heading preceding s. 21 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

21 Sex discrimination: Great Britain. U.K.

[F2 (1) Section 85 of the M1 Sex Discrimination Act 1975 (application of that Act to the Crown) shall be amended as set out in subsections (2) to (5) below.

(2) In subsection (2), after paragraph (b) there shall be inserted—

“or

(c) service in the armed forces,”.

(3) In subsection (4), for the words from “naval" to the end there shall be substituted the words “armed forces.”.

(4) After subsection (9) there shall be inserted the following subsections—

“(9A) This subsection applies to any complaint by a person (“the complainant") that another person—

(a) has committed an act of discrimination against the complainant which is unlawful by virtue of section 6; or

(b) is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination against the complainant,

if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination in question relates to his service in those forces.

(9B) No complaint to which subsection (9A) applies shall be presented to an [F3 employment tribunal] under section 63 unless—

(a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.

(9C) Regulations may make provision enabling a complaint to which subsection (9A) applies to be presented to an [F3 employment tribunal] under section 63 in such circumstances as may be specified by the regulations, notwithstanding that subsection (9B) would otherwise preclude the presentation of the complaint to an [F3 employment tribunal].

(9D) Where a complaint is presented to an [F3 employment tribunal] under section 63 by virtue of regulations under subsection (9C), the service redress procedures may continue after the complaint is so presented.

(9E) Regulations under subsection (9C) shall be made by the Secretary of State by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(5) For subsection (10) there shall be substituted the following subsection—

“(10) In this section—

• “armed forces” means any of the naval, military or air forces of the Crown;

• “service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the M2 House of Commons Disqualification Act 1975;

• “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 section 180 of the M3 Army Act 1955, section 180 of the M4 Air Force Act 1955 and section 130 of the M5 Naval Discipline Act 1957; and

• “statutory body” means a body set up by or in pursuance of an enactment and “statutory office” means an office so set up.”

(6) In section 76(1) of the M6 Sex Discrimination Act 1975 (period within which complaint under section 63 of that Act to be presented to an [F3 employment tribunal]), for the words from “the period" to the end there shall be substituted the following words “—

(a) the period of three months beginning when the act complained of was done; or

(b) in a case to which section 85(9A) applies, the period of six months so beginning.”]

Textual Amendments

F2 S. 21 repealed (E.W.S.) (1.10.2010) by 2010 c. 15, Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

F3 Words in s. 21(4)(6) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M1 1975 c. 65.

M2 1975 c. 24.

M3 1955 c. 18.

M4 1955 c. 19.

M5 1957 c. 53.

M6 1975 c. 65.

22 Sex discrimination: Northern Ireland. U.K.

(1) Article 82 of the M7 Sex Discrimination (Northern Ireland) Order 1976 (application of that Order to the Crown) shall be amended as set out in subsections (2) to (5) below.

(2) In paragraph (2), after sub-paragraph (b) there shall be inserted—

“or

(c) service in the armed forces,”.

(3) In paragraph (5), for the words from “naval" to the end there shall be substituted the words “ armed forces ”.

(4) After paragraph (9) there shall be inserted the following paragraphs—

“(9A) This paragraph applies to any complaint by a person (“the complainant") that another person—

(a) has committed an act of discrimination against the complainant which is unlawful by virtue of Article 8; or

(b) is by virtue of Article 42 or 43 to be treated as having committed such an act of discrimination against the complainant,

if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination in question relates to his service in those forces.

(9B) No complaint to which paragraph (9A) applies shall be presented to an industrial tribunal under Article 63 unless—

(a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.

(9C) Regulations made by the Secretary of State may make provision enabling a complaint to which paragraph (9A) applies to be presented to an industrial tribunal under Article 63 in such circumstances as may be specified by the regulations, notwithstanding that paragraph (9B) would otherwise preclude the presentation of the complaint to an industrial tribunal.

(9D) Where a complaint is presented to an industrial tribunal under Article 63 by virtue of regulations under paragraph (9C), the service redress procedures may continue after the complaint is so presented.

(9E) Regulations under paragraph (9C) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M8 Statutory Instruments Act 1946 shall apply accordingly.”

(5) For paragraph (10) there shall be substituted the following paragraph—

“(10) In this Article—

• “armed forces” means any of the naval, military or air forces of the Crown;

• “service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the M9 House of Commons Disqualification Act 1975;

• “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 section 180 of the M10 Army Act 1955, section 180 of the M11 Air Force Act 1955 and section 130 of the M12 Naval Discipline Act 1957; and

• “statutory body” means a body set up by or in pursuance of a statutory provision and “statutory office” means an office so set up.”

(6) In Article 76(1) of the M13 Sex Discrimination (Northern Ireland) Order 1976 (period within which complaint under Article 63 of that Order to be presented to an industrial tribunal), for the words from “the period" to the end there shall be substituted the following words “—

(a) the period of three months beginning when the act complained of was done; or

(b) in a case to which Article 82(9A) applies, the period of six months so beginning.”.

(7) In Article 80(1) of the Sex Discrimination (Northern Ireland) Order 1976 (orders and regulations subject to negative resolution of the Northern Ireland Assembly), after the words “regulations made under this Order" there shall be inserted the words “ (except Article 82(9C)) ”.

Marginal Citations

M7 S.I. 1976/1042 (N.I. 15).

M8 1946 c. 36.

M9 1975 c. 24.

M10 1955 c. 18.

M11 1955 c. 19.

M12 1957 c. 53.

M13 S.I. 1976/1042 (N.I. 15).

F4 23 Racial discrimination. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F4 S. 23 repealed (1.10.2010) by 2010 c. 15, Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

23 Racial discrimination. N.I.

(1) Section 75 of the M25 Race Relations Act 1976 (application of that Act to the Crown) shall be amended as set out in subsections (2) and (3) below.

(2) For subsection (9) there shall be substituted the following subsections—

“(9) No complaint to which subsection (8) applies shall be presented to an industrial tribunal under section 54 unless—

(a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.

(9A) Regulations may make provision enabling a complaint to which subsection (8) applies to be presented to an industrial tribunal under section 54 in such circumstances as may be specified by the regulations, notwithstanding that subsection (9) would otherwise preclude the presentation of the complaint to an industrial tribunal.

(9B) Where a complaint is presented to an industrial tribunal under section 54 by virtue of regulations under subsection (9A), the service redress procedures may continue after the complaint is so presented.”

(3) In subsection (10), after paragraph (a) there shall be inserted the following paragraphs—

“(aa) “regulations” means regulations made by the Secretary of State;

(ab) “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 section 180 of the M26 Army Act 1955, section 180 of the M27 Air Force Act 1955 and section 130 of the M28 Naval Discipline Act 1957;”.

(4) In section 68(1) of the M29 Race Relations Act 1976 (period within which complaint under section 54 of that Act to be presented to an industrial tribunal), for the words from “the period" to the end there shall be substituted the following words “—

(a) the period of three months beginning when the act complained of was done; or

(b) in a case to which section 75(8) applies, the period of six months so beginning.”

(5) In section 74(2) of the Race Relations Act 1976 (parliamentary control of orders and regulations), after the words “section 75(5)(a)" there shall be inserted the words “or (9A)”.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Marginal Citations

M25 1976 c. 74.

M26 1955 c. 18.

M27 1955 c. 19.

M28 1957 c. 53.

M29 1976 c. 74.

24 Equal treatment: Great Britain. U.K.

[F5 (1) Section 1(9) of the M14 Equal Pay Act 1970 (exclusion of armed forces from requirement of equal treatment for women and men in same employment) shall cease to have effect.

(2) For section 7 of that Act (service pay) there shall be substituted the following section—

7A “ Service pay and conditions.

(1) Sections 1 and 6 above shall apply, with the modifications mentioned in subsection (2) below and any other necessary modifications, to service by a woman in any of the armed forces as they apply to employment by a private person.

(2) In the application of those sections to service by a woman in any of the armed forces—

(a) references to a contract of employment shall be regarded as references to the terms of service;

(b) in section 1, in subsection (6), paragraph (c) and the words “or any associated employer" and subsections (8) to (11) (which have no application) shall be omitted; and

(c) references to an equality clause shall be regarded as referring to a corresponding term of service capable of requiring the terms of service applicable in her case to be treated as modified or as including other terms.

(3) Any claim in respect of the contravention of a term of service modified or included, in relation to a woman’s service in any of the armed forces, by a term corresponding to an equality clause in a contract of employment (including a claim for arrears of pay or damages in respect of the contravention) may be presented by way of complaint to an [F6 employment tribunal].

Any such contravention shall be regarded for the purposes of a claim under this subsection as if it were a breach of contract.

(4) Subsections (5) to (10) below apply in relation to any claim by a woman (“the claimant") arising from a contravention of a term of service referred to in subsection (3) above.

(5) No complaint in respect of the claim shall be presented to an [F6 employment tribunal] unless—

(a) the claimant has made a complaint to an officer under the service redress procedures applicable to her and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.

(6) Regulations may make provision enabling a complaint in respect of the claim to be presented to an [F6 employment tribunal] in such circumstances as may be specified by the regulations, notwithstanding that subsection (5) above would otherwise preclude its presentation.

(7) Where a complaint is presented to an [F6 employment tribunal] by virtue of regulations under subsection (6) above, the service redress procedures may continue after the complaint is presented.

(8) No complaint in respect of the claim shall be presented to an [F6 employment tribunal] if the period of service during which the claim arose ended more than nine months before the date of the presentation of the complaint to the tribunal.

(9) A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of pay or damages in respect of a time earlier than two years before the date on which her complaint under the service redress procedures was made.

(10) Section 2A above shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an [F6 employment tribunal] under section 2(1) above.

(11) Regulations under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) In this section—

• “armed forces” means the naval, military or air forces of the Crown; and

• “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 section 180 of the M15 Army Act 1955, section 180 of the M16 Air Force Act 1955 and section 130 of the M17 Naval Discipline Act 1957.”]

Textual Amendments

F5 S. 24 repealed (E.W.S.) (1.10.2010) by 2010 c. 15, Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

F6 Words in s. 24(3)(5)(6)(7)(8)(10) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M14 1970 c. 41.

M15 1955 c. 18.

M16 1955 c. 19.

M17 1957 c. 53.

25 Equal treatment: Northern Ireland. U.K.

(1) Section 1(10) of the M18 Equal Pay Act (Northern Ireland) 1970 (exclusion of armed forces from requirement of equal treatment for women and men in same employment) shall cease to have effect.

(2) After section 6 of that Act there shall be inserted the following section—

“6A Service pay and conditions.

(1) Sections 1 and 6 shall apply, with the modifications mentioned in subsection (2) and any other necessary modifications, to service by a woman in any of the armed forces as they apply to employment by a private person.

(2) In the application of those sections to service by a woman in any of the armed forces—

(a) references to a contract of employment shall be regarded as references to the terms of service;

(b) in section 1, in subsection (7), paragraph (c) and the words “or any associated employer" and subsections (9) to (12) (which have no application) shall be omitted; and

(c) references to an equality clause shall be regarded as referring to a corresponding term of service capable of requiring the terms of service applicable in her case to be treated as modified or as including other terms.

(3) Any claim in respect of the contravention of a term of service modified or included, in relation to a woman’s service in any of the armed forces, by a term corresponding to an equality clause in a contract of employment (including a claim for arrears of pay or damages in respect of the contravention) may be presented by way of complaint to an industrial tribunal.

Any such contravention shall be regarded for the purposes of a claim under this subsection as if it were a breach of contract.

(4) Subsections (5) to (10) apply in relation to any claim by a woman (“the claimant") arising from a contravention of a term of service referred to in subsection (3).

(5) No complaint in respect of the claim shall be presented to an industrial tribunal unless—

(a) the claimant has made a complaint to an officer under the service redress procedures applicable to her and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.

(6) Regulations made by the Secretary of State may make provision enabling a complaint in respect of the claim to be presented to an industrial tribunal in such circumstances as may be specified by the regulations, notwithstanding that subsection (5) would otherwise preclude its presentation.

(7) Where a complaint is presented to an industrial tribunal by virtue of regulations under subsection (6), the service redress procedures may continue after the complaint is presented.

(8) No complaint in respect of the claim shall be presented to an industrial tribunal if the period of service during which the claim arose ended more than nine months before the date of the presentation of the complaint to the tribunal.

(9) A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of pay or damages in respect of a time earlier than two years before the date on which her complaint under the service redress procedures was made.

(10) Section 2A shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an industrial tribunal under section 2(1).

(11) Regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M19 Statutory Instruments Act 1946 shall apply accordingly.

(12) In this section—

• “armed forces” means the naval, military or air forces of the Crown; and

• “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 section 180 of the M20 Army Act 1955, section 180 of the M21 Air Force Act 1955 and section 130 of the M22 Naval Discipline Act 1957.”

Marginal Citations

M18 1970 c. 32 (N.I.).

M19 1946 c. 36.

M20 1955 c. 18.

M21 1955 c. 19.

M22 1957 c. 53.

26 Other complaints: Great Britain. U.K.

(1) Section 192 of the M23 Employment Rights Act 1996 (application of Act to armed forces) shall be amended as follows.

(2) In subsection (4), for the words from “the person" to the end there shall be substituted the following words “—

(a) the person aggrieved has made a complaint to an officer under the service procedures for the redress of complaints applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.”

(3) For subsection (5) there shall be substituted the following subsection—

“(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 [F7 employment 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 [F7 employment tribunal] by virtue of provision such as is mentioned in paragraph (a), enabling the service procedures for the redress of complaints to continue after the complaint or reference is made.”

(4) In subsection (6), for the words “sections 180 and 181" in both places where those words occur there shall be substituted the words “ section 180 ”.

Textual Amendments

F7 Words in s. 26(3) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M23 1996 c. 18.

27 Other complaints: Northern Ireland. U.K.

(1) Article 10 of the M24 Industrial Relations (Northern Ireland) Order 1993 (application of Industrial Relations Orders to armed forces) shall be amended as follows.

(2) In paragraph (3), for the words from “the person" to the end there shall be substituted the following words “—

(a) the person aggrieved has made a complaint to an officer under the service procedures for the redress of complaints applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.”

(3) For paragraph (4) there shall be substituted the following paragraph—

“(4) Where modifications made by an order under paragraph (2) include provision such as is mentioned in paragraph (3), the order shall also include provision—

(a) enabling a complaint or reference to be made to an industrial tribunal in such circumstances as may be specified in the order, notwithstanding that provision such as is mentioned in paragraph (3) would otherwise preclude the making of the complaint or reference; and

(b) where a complaint or reference is made to an industrial tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the service procedures for the redress of complaints to continue after the complaint or reference is made.”

(4) In paragraph (7), for the words “sections 180 and 181" in both places where those words occur there shall be substituted the words “ section 180 ”.

Marginal Citations

M24 S.I. 1993/2668 (N.I. 11).