Army Reservists: Employment Rights

Louise Sandher-Jones Excerpts

Tuesday 24th February 2026 Commons Chamber

[The Minister for Veterans and People (Louise Sandher-Jones)]

I thank the right hon. Member for Belfast East (Gavin Robinson) for securing this debate. I am grateful for his contributions and those made by other Members. I know, and can see and hear, that the right hon. Gentleman is a passionate champion of veterans and reservists’ rights. As a veteran myself, I thank him for his commitment and hard work on behalf of those who have served and contributed so much to our armed forces.

As the right hon. Gentleman notes, the case of Advocate General for Scotland v. Mr Charles Milroy raises important questions not only in law, but in how we recognise and support those who serve and have served our country, including through reservist service.

Let me set out the Government’s position: on 29 January 2026, the employment appeal tribunal in Scotland handed down its judgment in Advocate General for Scotland v. Mr Charles Milroy, in which it upheld the earlier tribunal’s findings in relation to Major Milroy’s service and the application of employment protections to reservists. That judgment is being carefully considered by this Government. This evening I will explain the principles guiding the Government’s approach, the work already under way and the position we are taking to support reservists and employers.

First, I will speak on our commitment to reservists. Reservists are, of course, integral to the effectiveness of our armed forces. They bring vital expertise into Defence, strengthen operational resilience and provide specialist skills that cannot be generated or sustained in the regular forces alone. As the Secretary of State said on Second Reading of the Armed Forces Bill last month, our reserve forces are crucial to Britain’s security and, if necessary,

“to achieving a sustainable, efficient and rapid…transition to war.”—[Official Report, 26 January 2026; Vol. 779, c. 644.]

Their contribution directly enhances Defence’s capability. The Government’s position is clear: reservists must be treated fairly, lawfully and with proper regard to both their military service and their civilian employment. That principle underpins our policies and will continue to do so.

Secondly, it is important to place the pension issues raised by this case into the correct historical context. The questions before the tribunal relate to an earlier policy framework and, since 2015, reservists have had access to the same pension scheme as their regular counterparts. Moreover, reservists have long been entitled to pension provision during periods of mobilisation, recognising the fact that they may be placed directly into harm’s way while serving on operations. That protection remains firmly in place today and should not be lost in the wider public discussion of this case.

Thirdly, on the judgment and the Government’s considerations of next steps, we must be clear about the particular facts of this case before the tribunal. It was found that aspects of Major Milroy’s reservist service engaged employment protections in a way that had not previously been recognised. Both the employment tribunal and the employment appeal tribunal expressly acknowledged that the level of service days in question was atypical. That finding raises legitimate and complex questions about how certain forms of reservist service are characterised in law, and how they interact with employment-related rights, including questions of pay and pensions in this individual case. As such, the Government are carefully considering its implications for the judgment. That work is ongoing and it is being carried out while the case remains within the statutory period during which an appeal may be brought. It would therefore not be appropriate for me to prejudge the Government’s final position at this stage.

[Carla Lockhart (Upper Bann) (DUP)]

I know that the hon. Lady has served and that she comes at this very much from a service background. Time is of the essence, and my right hon. Friend the Member for Belfast East (Gavin Robinson) made a powerful point about three reservists who served with Major Milroy having passed away. I am not hearing today a clear timetable for implementation, I am not hearing that sufficient funding has been allocated, and I am not hearing that the Government are in the process of bringing forward an impact assessment detailing the number of affected reservists, the estimated financial liability and the Department’s plan for redress. Can the Minister go further and give hope to those reservists that the Government are actually going to do something?

[Louise Sandher-Jones]

It would not be appropriate for me to comment on the details, but I can assure the hon. Lady that we are considering the implications of the judgment very closely, and I am mindful of the point that she and others have made about the need for speed in coming to this judgment.

[Jim Allister (North Antrim) (TUV)]

Of course, the Government are considering whether to appeal. I trust that they will not, but if they do not and this is the end of the legal road on this, they will be faced with the next stage, which is to determine what remedy model they are going to develop for this case. Could I appeal to the Minister that, in arriving at that model, the Government do not make it tight and narrow specifically to this case but base it on the emerging strong principle of this case that there has to be an acceptance that part-timers should have pension rights? That is the fundamental principle. If the Government seek to avoid that by focusing only on this case and on the reservists, while ignoring the wider cadre of individuals who are equally part-timers and denying them what they will have to give to this applicant, would that not be a very wrong-headed approach?

[Louise Sandher-Jones]

I thank the hon. and learned Member for his point, and his comments have been noted. As soon as I have further details, I will provide an update.

[Jim Shannon]

I commend the hon. and gallant Lady. We understand that she has a personal intention to try to make things better. Whenever I met the pension people on Monday, they said that many part-time soldiers are not aware of their rights and the fact that they might be able to claim. Are the Government, and the Minister in particular, making any efforts to try to contact all those soldiers to ensure that they will be aware of their rights and can claim? As my right hon. Friend the Member for Belfast East (Gavin Robinson) said, the longer this goes on, some people will pass away. The opportunity for money should also go to their relatives; it should be retrospective.

[Louise Sandher-Jones]

I am not in a position to give details at this point, but I will absolutely take into account the hon. Member’s comments and ensure they are considered. I note his concerns.

Several Members have spoken about the importance of confidence—confidence among reservists that their service will be supported, and confidence among employers that the framework within which they operate is clear and predictable. The Government’s objective is a framework that supports reservist service, provides clarity for employers and is fully consistent with the law. Where the Milroy judgment indicates that greater clarity is needed, we will address that. Where it confirms existing arrangements, we will state that plainly.

Finally, on the wider message to those who serve, reservists across the United Kingdom make a substantial and valued contribution to our national defence. This judgment and the debate it has prompted reinforce the importance of ensuring that our systems reflect the realities of modern service and continue to command confidence.

The Government will give full and proper effect to the judgment in Advocate General for Scotland v. Mr Charles Milroy. We are considering its implications carefully and engaging with stakeholders, and we will act where action is required. We will do so in a way that is lawful, proportionate and firmly grounded in fairness. I again thank the right hon. Member for Belfast East for bringing this matter before the House, and everyone who has contributed to this important debate.

Question put and agreed to.