An important legal case concerning the pension rights of Armed Forces reservists is due to return to court later this year.

The Forces Pension Society (FPS) reports that a hearing has been fixed at the Court of Session in Edinburgh for 8 October 2026, following the Ministry of Defence’s continuing attempt to challenge the successful claim brought by former Army reservist Major Charles Milroy.

The case has potentially significant implications for other former and serving reservists.

The case so far

Major Milroy joined the Territorial Army in 1982, was commissioned the following year and served until 2015.

He brought proceedings under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, arguing that reservists had been treated less favourably than comparable regular personnel in relation to pension entitlement and the calculation of their daily rate of pay.

In August 2024 an Employment Tribunal in Glasgow found in his favour. In particular, it held that the MOD had treated him less favourably by denying him access to the Armed Forces Pension Scheme 1975 (AFPS 75) and by the method used to calculate his daily pay.

The tribunal subsequently reconsidered and confirmed its decision.

The MOD appealed, but in January 2026 the Employment Appeal Tribunal, presided over by Lord Fairley, rejected the appeal.

The MOD then applied directly to the Court of Session for permission to appeal further. The hearing fixed for 8 October is therefore not yet the