The long arm of SC: legislative deference in the employment law context – Administrative Court Blog
‘The Court of Appeal recently (15 January 2026) handed down its judgment in the case of Rubery v Ministry of Defence [2026] EWCA Civ 8. Elisabeth Laing LJ gave the lead judgment; Peter Jackson and Bean LJJ concurred. The Court, agreeing with the decision of the Employment Appeal Tribunal, found that the Employment Tribunal had been wrong at first instance to find that provisions of the Equality Act 2010 which limited the ability of members of the armed forces to bring discrimination complaints breached Article 14 of the European Convention on Human Rights (ECHR). The Employment Tribunal had also been wrong to employ section 3 of the Human Rights Act (HRA) to “read in” a provision to cure the problem.’
Administrative Court Blog, 19th January 2026

