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Discrimination & equality

Are veterans protected from workplace discrimination?

Being ex-forces is not a protected characteristic. Disability law, ordinary dismissal rights and separate reservist protections may still give you a claim.

  • UK-wide
  • Last reviewed
  • 13 min read

You can be rejected for being ex-forces and have no discrimination claim. Veteran status is not protected. That gap matters, but it does not erase your other rights. Disability law, ordinary dismissal rights and separate reservist safeguards may give you a way to challenge what happened.

9
Equality Act characteristics, none is veteran status
Day one
GB reservist dismissal claims can bypass service requirement
£1,000
maximum reserve-duty dismissal fine in Great Britain
12 mths
first civilian employment window for employer NIC relief

What to do today

“We don’t hire ex-forces” and “we can’t have someone with PTSD here” raise different legal questions. Keep the employer’s exact words. Get advice before resigning.

  1. Save the evidence. Record dates, exact words and witnesses. Keep rejection emails, rotas, payslips and messages about reserve duties outside your work account, where you can lawfully do so.
  2. Ask for the reason in writing. If disability is involved, describe its effects and the adjustment you need. For example, “My PTSD affects sleep and concentration. Please discuss a predictable night rota with me.” Do not delay while waiting for medical evidence.
  3. Raise a grievance and contact Acas in parallel. A grievance or appeal does not stop the tribunal clock. See how to make a discrimination complaint.
  4. Get support. Ask your union rep about advice and representation. Unite, GMB and Usdaw organise in retail, security and logistics; UNISON in care and the NHS. Check eligibility for legal help, especially for pre-membership disputes. Acas, Citizens Advice and law centres also offer advice.
  5. Check the enforcement route. Usually notify Acas before a Great Britain discrimination or unfair-dismissal claim. Re-employment after mobilisation has a separate route below. For reserve-duty dismissal, ask your adviser about the section 17 criminal offence too.

Which deadline applies?

Acas confirms the transition. Most discrimination and unfair-dismissal problems before 1 October 2026 have a three-month-minus-one-day limit. Most on or after that date have six months less a day. Dismissal usually runs from the effective termination date. Get advice on discrimination involving several incidents; a new incident does not necessarily extend every earlier claim.

Timely Acas notification pauses the clock during early conciliation. Calculate the filing deadline afterwards, too. Late claims can sometimes be accepted, but do not rely on that. See our employment tribunal guide.

Example: a refusal on 1 October

A potentially discriminatory warehouse-job refusal on 1 October 2026 has an ordinary deadline of 31 March 2027, before early-conciliation adjustments. A refusal on 30 September has an ordinary deadline of 29 December 2026. Do not wait for the grievance response.

Why veteran status alone gives you no discrimination claim

Section 4 of the Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Veteran status is not one of them. The Act applies in England, Wales and Scotland, not Northern Ireland.

A security firm refusing to hire you solely because you are ex-forces gives you no Equality Act claim on that ground. Dismissal is different. An eligible employee may challenge it as ordinary unfair dismissal or claim for unpaid notice. “Not a protected characteristic” does not mean “no employment rights”.

If a care-home manager rejects you because of race or a service-related disability, you have the same protection as anyone else. Our Equality Act guide explains the wider rules.

PTSD, injury and other protected characteristics

PTSD, depression, hearing loss and physical injuries can qualify as disabilities. Section 6 of the Equality Act requires a physical or mental impairment with a substantial, long-term adverse effect on normal day-to-day activities. Substantial means more than minor or trivial. Long-term usually means effects lasting, or likely to last, at least 12 months. You need not wait a year to ask for help.

A diagnosis alone does not settle the test; the condition need not come from service. Protection includes discrimination, harassment, discrimination arising from disability and reasonable adjustments. For adjustments and discrimination arising from disability, what the employer knew or should reasonably have known matters.

Example: PTSD on a supermarket night shift

A former soldier’s PTSD substantially affects sleep and concentration and is expected to last beyond a year. Last-minute rota changes worsen it. A predictable rota or advance notice may be a reasonable adjustment. The employer must consider the disadvantage, not dismiss the request as “special treatment”.

A care assistant with a knee injury might need changes to lifting duties or equipment. A warehouse worker with hearing loss might need visual alarms and written instructions. The adjustment must be reasonable in the circumstances.

Direct discrimination based on perceived disability may apply if a manager treats you badly because they assume you are disabled. Keep their exact words. Victimisation protection may apply if you are punished for making an Equality Act complaint or supporting someone else’s.

Reservist dismissal and training leave

You can be both a veteran and a reservist, for example after leaving the regulars and joining the reserves. Current reserve duties engage the separate safeguards.

Dismissal connected with reserve service

Section 17 of the Reserve Forces (Safeguard of Employment) Act 1985 makes dismissal solely or mainly because of reserve duties or call-out liability a criminal offence. The maximum fine is level 3, £1,000 in England, Wales and Scotland. It is not a ceiling on compensation in a separate civil claim.

In Great Britain, an employee can claim unfair dismissal without the usual qualifying service where the reason or principal reason is, or is connected with, reserve membership. The Defence Reform Act 2014 introduced that exception. It permits a claim from day one. It does not make the dismissal automatically unfair; the employer can still defend its fairness.

Routine training is not mobilisation

Employers do not have to allow time off for reservist training. Your contract or policy may give you more. Put the dates in writing and agree leave before going. Annual camp is not permission to be absent without agreement. See our military leave guide.

GOV.UK says training or mobilisation must not be the reason for redundancy. Reservists can still be selected in a genuine redundancy. Ask for the selection criteria and scores.

Getting your job back after mobilisation

After qualifying whole-time service, the 1985 Act provides re-employment with your former employer. The starting point is your former occupation on no less favourable terms, where reasonable and practicable. Otherwise, it must offer the most favourable reasonable and practicable alternative.

Apply in writing after service ends, by the third Monday afterwards. Ask for re-employment, state your availability and keep proof of delivery. Sickness or another reasonable cause can permit a later application made as soon as reasonably possible. Get advice if you miss the deadline.

Your written availability notice normally must name a return date within 21 days after the latest application date. Notify it within that period too. Sickness or another reasonable cause can allow a later date. The section 1 obligation to take you back ends six months after whole-time service ends, so do not let correspondence drift.

Your employer cannot force you back before post-service leave finishes. It must re-employ you as soon as able. The application normally expires after 13 weeks unless renewed or kept alive by proceedings. If the employer delays, ask about renewal and enforcement.

Post-return employment periods under section 7
Continuous employment before servicePeriod after reinstatement
Less than 13 weeks13 weeks
At least 13 weeks but less than 52 weeks26 weeks
52 weeks or more52 weeks

These are not unconditional guarantees against dismissal. Section 7 qualifies the obligation by what is reasonable and practicable, including alternative work if the original arrangement cannot continue.

Example: a security guard returning

With 20 weeks’ continuous employment before mobilisation, your starting post-return period is 26 weeks, subject to the statutory qualification. Service ending on Monday 5 October 2026 means applying by the third Monday afterwards, 26 October.

If refused, ignored or offered unsuitable work, you can apply to a Reinstatement Committee for re-employment or compensation. GOV.UK directs you to the tribunal service in Manchester for Great Britain or the Office of Industrial Tribunals in Belfast. Ask them and your adviser promptly about the procedure and deadline. Do not assume Acas conciliation protects this separate application.

Mobilisation and financial support

Call-out normally gives at least 28 days’ notice, less if urgent. You or your employer can normally apply within seven days of the notice to defer, exempt or revoke mobilisation. GOV.UK explains late applications and appeals. Contact your unit immediately if there is a serious problem.

You can claim the gap between civilian earnings and service pay, capped at £400 a day, or £822 for medical consultants, plus qualifying benefits in kind. Self-employed reservists can claim earnings support, up to £2,000 in eligible business wind-up costs and qualifying replacement costs.

The claim deadline is four weeks after service ends. Keep payslips and cost evidence. Civilian pay of £450 a week and service pay of £300 leaves a £150 weekly gap, subject to scheme rules.

Employers can claim eligible extra replacement costs up to £110 a day and replacement training up to £2,000. Qualifying private or charitable employers with no more than 250 staff and turnover no higher than £25.9 million can receive £500 a month per mobilised full-time reservist. Lost profits are not covered. Show your manager the scheme.

Agency work, zero-hours contracts and self-employment

The Equality Act can protect applicants, employees, workers and agency workers. Unfair dismissal generally requires employee status. Reservist re-employment concerns the former employer, not a guarantee of the same agency assignment.

If a security agency stops offering shifts after camp, save earlier rotas and identify who made the decision. Get advice on whether there was a dismissal and who employed you. A zero-hours label does not decide your legal employment status.

Running your own business does not give you employee dismissal or reinstatement rights. Some people described as self-employed still have discrimination protection because they contract to work personally. Self-employed reservist financial assistance is separate.

The Covenant and the employer’s hiring incentive

The Covenant’s statutory due-regard duty under the Armed Forces Act 2021 covers specified public bodies’ healthcare, education and housing functions, not employment. A private employer signing it makes a voluntary pledge, not a new statutory protection.

Check whether a promise such as reservist leave forms part of your contract or a binding policy. That term may matter even though the signature alone gives no tribunal claim.

HMRC gives employers National Insurance relief for your first 12 months of first civilian employment after leaving the regulars. At least one day’s regular service or basic training qualifies. Changing employers does not restart the window; the next employer can claim the balance. Reserve-only service does not qualify.

In 2026/27, zero employer secondary Class 1 National Insurance applies to qualifying earnings up to £50,270 a year, £967 a week or £4,189 a month. Your own contributions are unaffected. The extension covers 2027/28 too, ending on 5 April 2028.

Example: whose National Insurance saving?

For a former regular’s first civilian warehouse job paying £30,000, the illustrative 2026/27 employer liability is £30,000 minus the £5,000 threshold, multiplied by 15%, or £3,750. Veterans’ relief removes it if all earnings fall within the qualifying window. This is before other employer reliefs or allowances. The saving is not added to your pay.

Find your workplace legal route Great Britain civilian employment routes. Veteran status alone is not an Equality Act ground. Disability or another protected characteristic may give a claim. Reservist employees have separate dismissal and mobilisation protections. Most tribunal problems before 1 October 2026 have a three-month-minus-one-day limit; on or after that date, six months minus one day. Northern Ireland has separate rules. Find your legal route Civilian work in Great Britain Check what drove the treatment. 1. Veteran status alone Rejected only because you served? No Equality Act claim Other employment rights may apply, especially if you were dismissed. 2. A protected characteristic Was disability, race, religion, sex or another protected ground involved? A claim may be possible PTSD or injury may be a disability. Substantial effects must be long-term, usually lasting, or likely to last, at least 12 months. Most tribunal claim deadlines Before 1 Oct 2026: 3 months less a day. From 1 Oct 2026: 6 months less a day. Timely Acas notification pauses time. 3. Current reservist employee Dismissal linked to reserve membership? No usual service requirement You can claim unfair dismissal. It is not automatically unfair. Dismissal solely or mainly for reserve duties or call-out liability is an offence. Maximum fine in Great Britain: £1,000. Routine training leave? No general statutory right to time off. After qualifying mobilisation Apply to your former employer in writing by the third Monday after service ends. Post-return periods 13, 26 or 52 weeks, depending on continuous employment before service. Subject to what is reasonable and practicable. See the guide. Northern Ireland? Separate employment and discrimination rules. Do not use the GB deadlines. Complaint about regular service? Use the service complaints route. A separate civilian job needs its own employment-law assessment.
Veteran status alone creates no discrimination claim: the route depends on a separate protected characteristic or, for reservists, on reserve-duty protections under the 1985 Act.

Where you work and what changes next

England, Wales and Scotland share the rules above. Northern Ireland uses separate discrimination and employment legislation. Disability protection comes under the Disability Discrimination Act 1995; religion and political opinion under the Fair Employment and Treatment Order. Veteran status is not a separate protected ground.

The 1985 reservist Act extends to Northern Ireland. Do not assume Great Britain’s no-qualifying-period rule or six-month tribunal limit applies there. Ask the Labour Relations Agency or a Northern Ireland adviser. See our Northern Ireland guide.

Complaints about regular military service use the service complaints system. A separate civilian-job dispute needs its own employment-law assessment.

The Employment Rights Act 2025 has not made veteran status protected. The government’s timetable separates these changes. Future dates remain subject to parliamentary processes.

  1. Scheduled: Scottish contract-claim limits

    The ordinary breach-of-contract tribunal limit in Scotland changes for breaches on or after this date. Before then, it remains three months less a day.

  2. Scheduled: ordinary unfair-dismissal eligibility changes

    The government plans a six-month qualifying period instead of two years for dismissals from this date, and removal of the compensatory-award cap. The reservist exception remains relevant for employees with shorter service.

  3. Due to expire: veterans’ employer NIC relief

    The current extension covers 2026/27 and 2027/28. It does not provide a new discrimination right.

For the wider changes, see what is in force under the Employment Rights Act 2025.

Questions people ask

Can you challenge a refusal to hire you for being ex-forces?

Not through a veteran-status Equality Act claim alone. If disability or another protected characteristic was involved, take the evidence to an adviser.

Does PTSD automatically count as a disability?

No. Substantial effects on normal day-to-day activities must have lasted, or be likely to last, at least 12 months. Do not wait a year to request adjustments.

Can your employer refuse leave for annual camp?

There is no general statutory training-leave right. Check your contract and policy, and agree the absence. Mobilisation is different.

Can a reservist claim unfair dismissal during probation?

In Great Britain, an employee can bypass the usual qualifying period where the dismissal reason is, or is connected with, reserve membership. You must still establish unfairness.

Sources

  1. Equality Act 2010, section 4: protected characteristics, legislation.gov.uk.
  2. Equality Act 2010, section 6 and Schedule 1: disability and long-term effects, legislation.gov.uk.
  3. Equality Act 2010, section 13: direct discrimination; section 15: discrimination arising from disability; section 20: adjustments; section 27: victimisation; section 83: employment, legislation.gov.uk.
  4. Reserve Forces (Safeguard of Employment) Act 1985, section 17: dismissal offence, legislation.gov.uk.
  5. Defence Reform Act 2014, section 48: reservist unfair-dismissal qualifying-period exception, legislation.gov.uk.
  6. Reserve Forces (Safeguard of Employment) Act 1985, section 1: reinstatement and outer limit; section 3: application and renewal; section 4: availability; section 7: post-return periods; section 8: committee remedies, legislation.gov.uk.
  7. Reservist rights, training leave and redundancy; returning to work and enforcement contacts; mobilisation and applications to delay or cancel, GOV.UK.
  8. Financial support for reservists and financial support for employers, GOV.UK.
  9. Employment tribunal time limits, transition dates and early conciliation, Acas, updated 1 October 2026.
  10. Armed Forces Act 2021, section 8: Covenant due-regard duty, legislation.gov.uk.
  11. Veterans’ employer National Insurance relief: eligibility and qualifying window; employer rates and thresholds for 2026/27, HMRC. These underpin the illustrative £3,750 calculation; actual payroll liability depends on pay periods and other reliefs.
  12. SI 2026/231, regulation 6: veterans’ National Insurance relief extension, legislation.gov.uk, covering 2026/27 and 2027/28.
  13. Plan to Make Work Pay and Employment Rights Act: timeline update, GOV.UK, updated 25 September 2026.
  14. Disability discrimination law and employment rights, nidirect.

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