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England and Wales decisions
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L & Anor v Ministry of Defence [2026] EWCA Civ 602 (21 April 2026)
Permission to appeal was refused in challenges to the armed forces disability discrimination exclusion under the Equality Act 2010 and the HRA.
The EAT held that counsel to a Scottish public inquiry was neither a holder of public office nor a worker, so the discrimination claims failed for lack of jurisdiction.
Rubery v Ministry of Defence [2026] EWCA Civ 8 (15 January 2026)
Court of Appeal dismissed Mrs Rubery’s appeal over Employment Tribunal jurisdiction in a service-complaints discrimination case, holding section 121 of the Equality Act 2010 was not incompatible with Articles 6 and 14.
The Court of Appeal held that section 121 of the Equality Act 2010 was not incompatible with Convention rights and that the ET could not rewrite it to restore jurisdiction.
The Employment Tribunal did not err in law in finding that Ms Alhayali’s functions were not sufficiently close to the exercise of sovereign authority to attract state immunity under section 4 of the State Immunity Act 1978. The Embassy is not immune from her EU law-derived employment claims. The question of waiver is academic given this finding. The claim for psychiatric injury falls within the personal injury exception in section 5, but the interaction with sections 4 and 16 means that only claims not excluded by those sections are permitted. The appeal is allowed and the ET’s order restored.
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The Court of Appeal held that failure to invoke ACAS early conciliation barred the detriment claim as originally presented, but amendment to reinstate it was allowed.
HSBC Bank PLC v Chevalier-Firescu [2024] EWCA Civ 1550 (11 December 2024)
The Court of Appeal dismissed HSBC’s appeal, holding that the Employment Tribunal had not adequately explained its refusal to extend time for discrimination claims.
The Employment Appeal Tribunal held that complaints about the armed forces service complaints process were excluded from ET jurisdiction, and the exclusion was justified and not open to read-down.
Regulation 12 PIBR 2006 does not provide benefits payable on retirement or termination of service as required by section 1 Pension Schemes Act 1993, but only after cessation of service and upon satisfaction of additional conditions. Therefore, it is not part of an occupational pension scheme for the purposes of section 61 Equality Act 2010, and the Employment Tribunal lacks jurisdiction. The benefit is not 'pay' under EU law, so no directly effective right arises under the Framework Directive.
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The Court of Appeal held that regulation 12 disablement gratuities are not occupational pension schemes, but tribunal jurisdiction exists under section 108 of the Equality Act 2010.
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