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Moluadi v Ministry of Defence

Judgment Cited in 3 Precedent Map Related
JurisdictionEngland & Wales
JudgeLord Justice Hooper
Judgment Date21 March 2012
Neutral Citation[2012] EWCA Civ 576
CourtCourt of Appeal (Civil Division)
Docket NumberCase No: A2/2011/1251
Date21 March 2012
Categories
Between:
Moluadi
Applicant
and
Ministry of Defence
Respondent

[2012] EWCA Civ 576

Before:

Lord Justice Hooper

Case No: A2/2011/1251

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

(MISTER JUSTICE SILBER)

Royal Courts of Justice

Strand, London, WC2A 2LL

The Applicant did not appear and was not represented.

The Respondent did not appear and was not represented.

Lord Justice Hooper
1

The appellant renews his application for permission to appeal following a refusal on the papers by Sir Richard Buxton. He seeks permission to appeal the decision of the Honourable Mr Justice Silber sitting alone in the Employment Appeal Tribunal, the judgment having been handed down on 15 April 2011.

2

The appellant is a citizen of Botswana and enlisted with the army in 2008. His career as a soldier was, as Silber J said, unfortunately not that happy. After being transferred from one platoon to another he was found to have been guilty of repeated failings including being absent without leave, poor timekeeping and dishonesty. On 26 June 2009 the claimant appears to have admitted those failings, blaming a drinking problem. He was discharged from the army on 20 July of 2009, his services no longer being required.

3

Since that date he has left this country and, as the correspondence shows, he has no right to return. Indeed, if he sought to return to this country he would be immediately sent back again. It follows that the appellant is not and cannot be here for this hearing. Notwithstanding that, in the light of the history of this case and of the merits it seems to me to be right to continue in his absence. The matter has now been considered not only by an employment tribunal but also by Silber J and Sir Richard Buxton.

4

The issue in the case relates to a rule that a member of the armed forces cannot bring a claim for racial discrimination in an employment tribunal unless he has already brought a service complaint. In order to bring a service complaint a member of the armed forces must bring that complaint within a limited period of time. The appellant did not do that and, in any event and as was found, there was no justification for extending the time limit. The issue before Silber J was to interpret...

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3 cases
  • Mr S Rafiq v Ministry of Defence: 1400572/2021
    • United Kingdom
    • Employment Tribunal
    • 14 February 2022
    ...sections 340A 340 O). The 2015 Regulations (and in particular Regulations 7,10-12). Molaudi v MOD (UKEAT/0463/10/JOJ) and Molaudi v MOD [2012] EWCA Civ 576 Robertson v Bexley Community Centre [2003] IRLR 434CA Edomobi v La Retraite RC Girls School EAT/0180/16) Adedeji v University Hospitals......
  • Kamaljeet Singh v Advocate General for Scotland as representing the Respondent Ministry of Defence: 4102617/2018
    • United Kingdom
    • Employment Tribunal
    • 8 May 2019
    ...the matter scrutinised by an independent body. 39. She referred to the cases of Moluadi v Ministry of Defence UKEAT/0463/10/JOJ and [2012] EWCA Civ 576 40. Duncan v Ministry of Defence UKEAT/0191/14/RN; and 41. Williams v Ministry of Defence UKEAT/0163/12/JOJ and [2013] EWCA Civ 626 as auth......
  • Col MF Roohan v Ministry of Defence: 2206004/2017 and 4113019/2018
    • United Kingdom
    • Employment Tribunal
    • 6 February 2019
    ...to her medical discharge from the Army because she had not brought Service Complaints in respect of those matters. It relied on Molaudi v MoD [2012] EWCA Civ 576 in contending that a Service Complaint must be a “valid” Service Complaint, and not one which had been rejected by the military a......

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