Duncan v Ministry of Defence

Employment – Sex discrimination. The employee, who was enlisted in the Royal Air Force, made complaints of sex discrimination. The employment tribunal ruled that it did not have jurisdiction to consider her complaints. The Employment Appeal Tribunal, in allowing her appeal, held that the tribunal had erred in failing to give effect to a purposive construction of the Equality Act 2010 required to achieve lawful balance between enabling the armed forces to determine complaints internally prior to litigation and a complainant's right of access to a court or tribunal within a reasonable time.

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