Though not a binding precedent, an employment tribunal has held that a former member of the armed forces can claim for disability discrimination occurring after discharge, subject to the normal rules on post-employment discrimination.

Normally, Sch 9 para 4 of the Equality Act excludes the armed forces from the EqA employment provisions as regards disability and age.

However the employment tribunal in T v Ministry of Defence, 2021 www.gov.uk/employment-tribunal-decisions/t-v-ministry-of-defence-2201755-slash-2021 considered that to apply this exclusion to disability discrimination after discharge from the armed forces would breach the European Convention on Human Rights.

The same argument would seem to apply to age discrimination.

More: EqA: Employees and others covered by the employment provisions>Armed forces.