Section 38

Regulation 37 applies— subject to paragraph (2), to service as a member of the armed forces, and to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996 . No complaint concerning the service of any person as a member of the armed forces may be presented to an employment tribunal under regulation 30 unless— that person (“the complainant”) has made a service complaint in respect of the same matter, and that complaint has not been withdrawn. Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (2)(b) as withdrawn if— the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires, there are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 Armed Forces Act 2006 (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. Where a complaint of the kind referred to in paragraph (2) is presented to an employment tribunal, the procedures set out in service complaints regulations may continue after the complaint is presented. In this regulation— “service complaint” means a complaint under section 340A of the Armed Forces Act 2006; “service complaints regulations” means regulations made under section 340B(1) of that Act.

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