Child Soldiers International v Secretary of State for Defence

Employment – Discrimination. The claimant contended that the Army Terms of Service Regulations 2007, SI 2007/3382, which provided that someone recruited into the army on his sixteenth birthday would have to serve six years before qualifying for transfer to the reserve, while someone recruited at 18 would only have to serve four years, were incompatible with Council Directive (EC) 2000/78. The Administrative Court, in dismissing the application, held that, on the proper construction of the statutory provisions, no contestable issue of age discrimination arose, as the Community legislator had granted a derogation power that the United Kingdom had exercised.

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