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Armed Forces Rights Guide
Armed Forces Employment Rights: Service Complaints & Employment Tribunal Access in 2026
Facing discrimination or unfair treatment while serving? This guide covers the Service Complaints process, when you can bring an Employment Tribunal claim, the time limits that apply, and what's different for serving personnel compared to civilian employment law.
Last checked: 25 September 2026Sources: Equality Act 2010, Armed Forces Act 2006, JSP 831, JSP 532Applies across the UK
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.
Know Your Rights at a Glance
Service complaint time limit: Normally 3 months from the matter, or 6 months if it could be an Equality Act 2010 claim such as discrimination or harassment.
Service Complaint required first: In England, Wales and Scotland you must have made a Service Complaint and not withdrawn it before an employment tribunal can hear an Equality Act 2010 claim about your service.
6-month tribunal time limit (England, Wales and Scotland): an Equality Act 2010 claim about something done while you were serving must be made within 6 months, starting with the date of the act. A later claim is accepted only if the tribunal thinks it just and equitable. Northern Ireland: different law applies.
Don't wait for the Service Complaint to conclude: Make your tribunal claim within the time limit whatever stage the Service Complaint has reached. The tribunal can pause it while the Service Complaint continues.
Age and disability exemptions (England, Wales and Scotland): the Equality Act 2010 work rules on age and disability do not apply to service in the armed forces. Other protected characteristics can still be claimed. Northern Ireland: the Equality Act 2010 does not apply.
No tribunal fees: There is no fee to make an employment tribunal claim in England, Wales or Scotland.
Applies to regular and reserve personnel: The same Service Complaints framework applies whether you're serving full-time or as a reservist.
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. (This 6-month rule applies in England, Wales and Scotland. The rule that extends time limits for early conciliation does not apply to this armed forces limit. Northern Ireland has different law.)
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).
1
Raise a Service Complaint as soon as possible
Follow the guidance in JSP 831. Don't withdraw it or let it lapse. Doing so can block a later tribunal claim.
2
Note your 6-month tribunal deadline immediately
Calculate 6 months from the incident or last act complained of, in England, Wales and Scotland this limit runs whatever stage your service complaint has reached, and a later claim is accepted only if the tribunal thinks it just and equitable.
3
File your Employment Tribunal claim within the time limit
Don't wait for the Service Complaint outcome. File in time and let the tribunal claim be paused if needed.
4
Contact the Centre for Military Justice or Forces Law for specialist advice
Armed forces employment law has genuine complexity beyond general employment law. Specialist advice matters here.
5
Check ACAS for general tribunal process guidance
ACAS (0300 123 1100) can help with general Employment Tribunal process questions, though they may refer you to specialist services for armed-forces-specific points.
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
Do I have to raise a Service Complaint before going to an Employment Tribunal?
Yes, for an Equality Act 2010 claim in England, Wales or Scotland about something done while you were serving: you must have made a Service Complaint about the matter and not withdrawn it. It does not have to be finished before you make the tribunal claim.
What's the time limit to bring a tribunal claim as armed forces personnel?
6 months starting with the date of the act, or the end of the period if it went on over time, for an Equality Act 2010 claim about something done while you were serving. The tribunal can accept a later claim only if it thinks that is just and equitable.
Should I wait for my Service Complaint to finish before starting a tribunal claim?
No. The 6-month tribunal time limit runs from the act, not from the end of your Service Complaint. Make the tribunal claim in time; the tribunal can pause it while the Service Complaint continues.
Can I claim age or disability discrimination as serving personnel?
No. The Equality Act 2010 work rules on age and disability do not apply to service in the armed forces. Other protected characteristics, including sex, race, religion or belief, sexual orientation and pregnancy and maternity, can still be claimed, with a narrow exception on sex and gender reassignment for combat effectiveness. This is the position in England, Wales and Scotland; in Northern Ireland the Equality Act 2010 does not apply.
Does this apply to reservists too?
Yes. Anyone who was subject to service law when the matter happened can use the Service Complaints process, whether regular or reserve. Your unit HR team can tell you whether you were subject to service law at the time.
Are there fees to bring an Employment Tribunal claim?
No. There is no fee to make an employment tribunal claim in England, Wales or Scotland.
Can my civilian employer dismiss me because I might be called up as a reservist?
No. It is a criminal offence under the Reserve Forces (Safeguard of Employment) Act 1985 for an employer to dismiss a reservist because they are called out or likely to be called out. In England, Wales and Scotland you can also claim unfair dismissal without a qualifying period if the reason, or main reason, is connected with your reserve membership.
Do I get my old civilian job back after mobilisation?
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. Apply in writing: MOD guidance (JSP 532) says no later than the third Monday after your last day of full-time service. Your employer does not have to take you back if you will not be available for work within 6 months of your service ending.
Where do reservist reinstatement disputes get decided?
A Reinstatement Committee, not the ordinary employment tribunal. It can order your former employer to take you back and to pay compensation. You can appeal its decision to an Umpire.
Free help and support
ACAS: 0300 123 1100, general tribunal process guidance
Centre for Military Justice: a charity giving free, independent legal advice to serving and former members of the armed forces. It is a small team, so replies can take a week or more.
Forces Law: a network of independent civilian lawyers who advise the armed forces community. They are solicitors, so ask about fees first.
Important disclaimer: This guide covers armed forces employment rights across the UK, checked on 25 September 2026. General legal information only, not legal advice. Verify with ACAS, GOV.UK, the Centre for Military Justice or a specialist solicitor before acting. ukworkrights.co.uk, Not a law firm.