Section 121

Section 120(1) does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless— the complainant has made a service complaint about the matter, and the complaint has not been withdrawn. Where the complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the 2006 Act, it is to be treated for the purposes of subsection (1)(b) as withdrawn if— the period allowed in accordance with service complaints regulations for bringing an appeal against the person's or panel's decision expires, ... there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and either— the complainant does not apply to the Armed Forces Commissioner for a review by virtue of section 340D(6)(a) of the 2006 Act (review of decision that appeal brought out of time cannot proceed), or the complainant does apply for such a review and the Commissioner decides that an appeal against the person's or panel's decision cannot be proceeded with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The making of a complaint to an employment tribunal in reliance on subsection (1) does not affect the continuation of the procedures set out in service complaints regulations. In this section— “the 2006 Act” means the Armed Forces Act 2006; “service complaints regulations” means regulations made under section 340B(1) of the 2006 Act.

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Source: legislation.gov.uk · retrieved 2026-09-04