A FUNDRAISER is in the final days to help pay for a retired Army Reservist’s legal costs as he tries to fight on behalf of thousands for their right to a pension from the Ministry of Defence.
Dumfries man Charles Milroy, a reservist with 37 years service which included a tour in Iraq, recently won an employment tribunal case against the Ministry of Defence (MoD) where he pursued his right to claim a pension and a fair daily rate of pay for his Territorial Army service from 1982 to 2015.
Major Milroy’s case was heard at a tribunal in Glasgow, where he argued that his extensive service and work days warranted a pension.
This judgement could mean that all reservists, of all ranks, both serving and retired, may now claim backdated pension and equal pay for their service.
Maj Milroy – who has been involved in a ‘David and Goliath’ struggle for over four years – said: “Prior to the tribunal, I’d rather have been out in Iraq under fire, and going through that battle.
“But I wanted to do right by my soldiers, by presenting the best, honest case for them for their right to access a pension.
“Bombs and bullets do not discriminate between regular soldiers and Army reserve soldiers, but I felt my employer was discriminating between the two.
“Terrorists don’t understand the difference between part time and a full time soldier, but my employer did.
“We could train alongside the regulars in preparation for war, but not get the same pension rights or have no pension rights prior to 2015 or holiday pay. It is unfair.
“I had to make a very, very difficult decision (to take the government on) because there is loyalty to your former employers, and to The Crown.
“I swore an oath of allegiance to the monarch and the generals and officers set over me, it is in my commissioning scroll on the wall. And I felt I was going against that.
“Integrity wins out over loyalty every single time.”
However, it’s not a happy ending for Maj Milroy – who is a deputy lord lieutenant for Dumfriesshire – just yet as the MoD have lodged an appeal to this judgment.
The case will now go to an employment appeals tribunal, which is expected to be heard in the first part of next year.
So far the majority of Charles’ costs have been covered by insurance, with his personal contribution being in excess of £11,000.
However, to contest this appeal he needs financial support to the tune of £25,000 which includes outstanding legal fees and Charles’ contribution. Parties in employment tribunals have to bear their own costs win or lose.
A crowdfunder has been set up to help him raise £25,000 and he said: “Part of what has driven me is not just the fact that the judge found that we had been discriminated against. I think it was the inference that we were just casual labour. I think I found that quite insulting.
“One of the things about the Army, it always teaches you may have plan A, but you need to have Plan B in your back pocket.
“Reserve servicemen and women have given their lives in the last 20 years on operations and in training.
“We are part-time workers not casual workers.
“I just ask the MoD to look at the values and standards of the British Army, and to perhaps reflect on them.
“I need support now to ensure the case gets over the line and gains justice for our reservists. Please donate now to support this important case.”
A Ministry of Defence spokesman said: “Following legal advice, we have lodged an appeal against the Milroy employment tribunal ruling.
“We are unable to comment further while the appeal is ongoing.”
* To donate visit: www.crowdfunder.co.uk/p/tareserve-pension-milroy-vs-mod
