Ministry of Defence

1 EMPLOYMENT TRIBUNALS Claimant: Mr Paul Dunn Respondent: Ministry of Defence Heard at: Watford (in public, by CVP) On: 12 June 2024 Before: Employment Judge Poynton (sitting alone) Representation Claimant: Mr Keir Hirst (Solicitor) Respondent: Mr Julian Allsop (Counsel) RESERVED JUDGMENT ON A PRELIMINARY HEARING The judgment of the Tribunal is that: 1) The claimant’s complaint of discrimination on the grounds of disability is struck out. The Tribunal does not have jurisdiction to hear the claim because it is excluded by paragraph 4(3) of Schedule 9 to the Equality Act 2010. REASONS Introduction and procedure 1. This was a preliminary hearing held by video. There were no significant audio or connectivity issues. 2. The parties had produced an agreed bundle amounting to 134 pages with a separate index. The parties had also produced an agreed authorities bundle amounting to 278 pages with a separate index. The claimant and respondent had also produced skeleton arguments. 2 Background 3. The claimant was employed by the respondent as an Infantry Solider between 12 September 1988 and 15 February 2001. The claimant left under the Premature Voluntary Release Provisions (PVR). 4. In or around May 2023, the claimant requested that the respondent amend his mode of exit to medical discharge. The respondent’s policy (AGAI 78.1213) provides for a time limit for all retrospective medical discharge and PIC Code appeals of 12 months from the discharge or retirement date. 5. The claimant’s application was refused. 6. The claimant brings a claim of disability discrimination on the grounds that the respondent failed to make reasonable adjustments. The claimant’s case is that the respondent should have (1) varied the 12 months’ time limit or (2) amended his mode of exit to medical discharge. 7. A previous preliminary hearin...