Ministry of Defence

Case No: 1306630/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mr X Respondent: Ministry of Defence Heard at: Midlands West (By CVP) On: 19 to 22 August 2025 Before: Employment Judge Bansal Representation Claimant: In Person Respondent: Mr L Dilami (Counsel) RESERVED PUBLIC PRELIMINARY JUDGMENT The Judgment of the Tribunal is that; (i) the complaint of disability discrimination is dismissed pursuant to Schedule 9 para 4(3) of the Equality Act 2010. (ii) the claimant’s allegations 8, 43, 44, 45, 48, 49, 50, 51,53,54, & 56 in the Table of Information are dismissed. Only allegation 42 is permitted to proceed. REASONS Introduction 1. This Public Preliminary Hearing was listed to determine the following jurisdictional issues, namely, (i) whether the Tribunal has jurisdiction to consider any complaint “relating to an act done when the complainant was serving as a member of the armed forces” unless s/he has made a service complaint which has not been withdrawn pursuant to s121 of the Equality Act 2010. (ii) whether the Tribunal has jurisdiction to consider the claimant’s disability discrimination claim contrary to Schedule 9 Paragraph 4(3) of to the Equality Act 2010, Part 5 (“Work”) of the Equality Act 2010. (iii) any jurisdictional time points raised by the respondent; Case No: 1306630/2023 2 Background to claim 2. The claimant commenced employment with the respondent, initially within the Royal Engineers on 12 November 2012. In September 2019 the claimant started a full-time 3 year BSc (Hons) Nursing (Mental Health) degree programme at the Defence School of Healthcare Education (DSHE), at Birmingham City University (BCU). In December 2020 the...