Section 121 — Armed forces cases

(1) 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—

(a) the complainant has made a service complaint about the matter, and

(b) the complaint has not been withdrawn.

(2) [F1 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Council by virtue of section 340C(1)(a) of the 2006 Act, it is to be treated for the purposes of subsection (1)(b) as withdrawn if—]

(a) [F1 the period allowed in accordance with service complaints regulations for bringing an appeal against the person's or panel's decision expires, ...]

(aa) [F1 [F2 there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and]]

(b) [F1 either—]

(i) [F1 the complainant does not apply to the [F3 Armed Forces Commissioner] for a review by virtue of section [F4 340D(6)(a)] of the 2006 Act (review of decision that appeal brought out of time cannot proceed), or]

(ii) [F1 the complainant does apply for such a review and the [F5 Commissioner] decides that an appeal against the person's or panel's decision cannot be proceeded with.]

(5) The making of a complaint to an employment tribunal in reliance on subsection (1) does not affect the continuation of [F6 the procedures set out in service complaints regulations. ]

(6) [F7 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.]

Amendment notes

1. F1 S. 121(2) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 13(2); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)
2. F2 S. 121(2)(aa) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 3 para. 8(b); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2
3. F3 Words in s. 121(2)(b)(i) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 25(a); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
4. F4 Word in s. 121(2)(b)(i) substituted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 3 para. 8(c); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2
5. F5 Word in s. 121(2)(b)(ii) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 25(b); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
6. F6 Words in s. 121(5) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 13(4); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)
7. F7 S. 121(6) inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 13(5); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)