A consideration of the recent landmark ruling of Milroy v MOD [2024]
A recent employment tribunal against the Ministry of Defence (MoD) has potentially laid the foundations for Army reservists to receive valuable military pensions.
Charles Milroy, a retired Major, served more than 37 years in the Territorial Army (now known as the Army Reserve), including tours in Iraq, which he argued should have warranted him being enrolled in the military pension scheme.
Previously, the MoD had refused pensions to those serving as reserves as they argued that, in general, they do not work enough days to justify a pension. The MoD suggested that, to offer all reservists the option to enrol in the Armed Forces Pension Scheme would be “administratively burdensome and extremely expensive”.
This explanation, the Judge found, was disproportionate and unfair; it effectively treated reservists (whose role was not significantly different from that of soldiers) less favourably as part-time employees. The Judge ultimately held that the MoD’s concern about costs was illogical, given the pension fund value a reservist might actually be entitled to in practice.
Major Milroy was therefore successful in his claim, meaning that he was awarded a pension of circa £7,300 per annum, paving the way for thousands of other reservists to do the same. This is an important and significant ruling of which all members of the Army Reserve should be aware.
The Family team at Field Seymour Parkes specialises in Armed Forces Pensions on divorce and so please do get in touch with a member of the Family Team if you require more information or assistance in relation to a divorce or the associated financial matters.
