The Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997

2.—(1) A person may present a complaint to an industrial tribunal under section 7A of the Equal Pay Act 1970, notwithstanding that subsection (5) of that section would otherwise preclude the presentation of such a complaint, in any case to which paragraph (2) or (4) below applies.

(2) This paragraph applies where—

(a)the person has made a complaint in respect of the same matter to an officer under the service redress procedures; and

(b)that complaint has not been withdrawn.

(3) For the purposes of paragraph (2)(b) above, a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.

(4) This paragraph applies where the complaint concerns a claim in respect of the contravention of a term of service relating to membership of, or rights under, any relevant scheme.

(5) In this regulation—

• “occupational pension scheme” has the same meaning as in section 1 of the Pensions Schemes Act 1993(1); and

• “relevant scheme” means—

  (a)

  any occupational pension scheme made under section 3 of the Naval and Marine Pay and Pensions Act 1865(2);

  (b)

  the Army Pensions Warrant 1977; or

  (c)

  any occupational pension scheme made under section 2 of the Air Force (Constitution) Act 1917(3).