Armed Forces Employment Rights: Service Complaints & Employment Tribunal Access in 2026

Looking for how to make a service complaint? Read the guide checked on 25 September 2026: who can complain, the 3-month and 6-month time limits, admissibility, the 2-week appeal, the Armed Forces Commissioner and tribunal claims (whole UK): service complaints.

The Service Complaints process

If you're a member of the regular or reserve Armed Forces and believe you've been wronged — through discrimination, harassment, victimisation or bullying — you can make a Service Complaint. In England, Wales and Scotland you must have made one, and not withdrawn it, before an employment tribunal can hear an Equality Act 2010 claim about your service. That requirement comes from section 121 of the Equality Act 2010, and the process itself is governed by JSP 831, the Armed Forces (Service Complaints) Regulations 2015, and Part 14A of the Armed Forces Act 2006.

• You must normally make a Service Complaint within 3 months of the matter (or the last time it happened), or within 6 months if the matter could be an Equality Act 2010 claim. A late complaint goes ahead only if the specified officer thinks that is just and equitable
• You can appeal against the decision within 2 weeks of receiving it
• Do not withdraw your Service Complaint if you may want to go to a tribunal. The law can also treat a complaint as withdrawn in some situations
• The Armed Forces Commissioner provides independent oversight of how complaints are handled (it took over from the Service Complaints Ombudsman for the Armed Forces on 1 April 2026)

The 6-month Employment Tribunal time limit

Armed forces discrimination, victimisation and harassment claims have a 6-month time limit starting with the date of the act, or the end of the period if it went on over time. The tribunal can accept a later claim only if it thinks that is just and equitable. This armed forces rule is separate from the general change to employment tribunal time limits for acts on or after 1 October 2026.

Crucially: don't wait for your Service Complaint to conclude before filing at tribunal. The 6-month clock runs regardless of how far your Service Complaint has progressed. If you make your tribunal claim within the time limit, the tribunal can pause ("stay") it while the Service Complaint continues — but missing the 6-month window risks losing your right to claim entirely. Before most tribunal claims you must also contact Acas for early conciliation: do not count on that giving you extra time.

What you can and can't claim

The Armed Forces are exempt from the age and disability discrimination provisions of the Equality Act 2010 under Schedule 9. This means age discrimination and disability discrimination claims generally cannot be brought by serving personnel for matters that occurred during service.

Other protected characteristics can still be claimed through the Service Complaint then tribunal route, including the list below. There is a narrow exception on sex and gender reassignment where a requirement is a proportionate means of ensuring the combat effectiveness of the armed forces.

• Sex discrimination
• Race discrimination
• Religion or belief discrimination
• Sexual orientation discrimination
• Pregnancy and maternity discrimination

Bringing your tribunal claim

If you do proceed to an Employment Tribunal claim, the process uses the same GOV.UK online ET1 form used for civilian claims. There is no fee to make an employment tribunal claim in England, Wales or Scotland. The tribunal process itself is independent of your chain of command, unlike the Service Complaints system. The tribunal rules on this page are Equality Act 2010 rules for England, Wales and Scotland. In Northern Ireland, discrimination claims go to an industrial tribunal or the Fair Employment Tribunal under different law: ask the Equality Commission for Northern Ireland (028 9050 0600).

Reservists: your civilian job is protected separately

If you're a reservist, there's a completely separate protection covering your civilian job — the Reserve Forces (Safeguard of Employment) Act 1985. This is distinct from the Service Complaints system above, which covers wrongs during actual military service. This one protects you against your civilian employer.

• It's a criminal offence for an employer to dismiss a reservist because they are called out or likely to be called out
• After full-time service ends, you have a right to be taken back in your old occupation on terms no less favourable, or if that is not reasonable and practicable, in the most favourable job that is
• You must apply to your former employer in writing. MOD guidance (JSP 532) says to do this no later than the third Monday after your last day of full-time service. An application lasts 13 weeks, so renew it in writing if you have not been taken back
• Your employer does not have to take you back if you will not be available for work within 6 months of your full-time service ending
• Once you are taken back, your employer must keep you on for at least 13 weeks if you had worked for them for up to 13 weeks before, 26 weeks if you had worked for them for 13 to 52 weeks, or 52 weeks if you had worked for them for 52 weeks or more (JSP 532)
• Disputes about being taken back go to a Reinstatement Committee, not the ordinary employment tribunal. It can order your former employer to take you back and to pay compensation. JSP 532 says to apply within 13 weeks of your written application (or its renewal), or within 52 weeks of being taken back if the dispute is about the job or terms offered. You can appeal to an Umpire
• Separately, since 1 October 2014, in England, Wales and Scotland a reservist can claim unfair dismissal from their civilian job without any qualifying period if the reason, or main reason, for the dismissal is connected with their reserve membership. This does not make the dismissal automatically unfair

Frequently asked questions