Commentary on provisions of Act Schedule 3: Service complaints appeals
This Schedule makes amendments to legislation in consequence of section 10, which enables the Defence Council to restrict the grounds upon which an appeal can be brought. The provisions which have been amended relate to when a service complaint is deemed to be withdrawn for the purposes of accessing the employment tribunal under the parent legislation. The consequential amendments made in this Schedule set out how these deemed withdrawal provisions operate for service complaints with no grounds for appeal under regulations made under amended section 340D. Where the person bringing the complaint is aware of grounds to bring an appeal and fails to do so, either within the prescribed time limit or out of time, the service complaint is considered to have been withdrawn. A case is not deemed to have been withdrawn where there are no grounds of appeal, or where the person bringing the complaint could not reasonably have been aware of facts which might have constituted a ground of appeal.