Ministry of Defence

Neutral Citation Number: [2025] EAT 197 Case Nos: EA-2024-001559-BA (L v MoD) & EA-2024-000995-DXA (Dunn v MoD) IN THE EMPLOYMENT APPEAL TRIBUNAL ON APPEAL FROM THE NEWCASTLE EMPLOYMENT TRIBUNAL AND THE WATFORD EMPLOYMENT TRIBUNAL Royal Courts of Justice, Rolls Building Fetter Lane, London, EC4A 1NL Date: 22/12/2025 Before : THE HONOURABLE MR JUSTICE LINDEN - - - - - - - - - - - - - - - - - - - - - Between : (1) MR L (2) PAUL DUNN Appellants - and – MINISTRY OF DEFENCE Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Nicola Braganza KC and Maya Thomas Davis (instructed by Wace Morgan Solicitors) for the First Appellant Keir Hirst (solicitor, Wace Morgan Solicitors) for the Second Appellant Julian Allsop and Anna Williams (instructed by Government Legal Department) for the Respondent Hearing dates : 21 & 22 October 2025 Approved Judgment This judgment was handed down remotely at 10.30am on 22 December 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives. ............................. circulated to the parties on 17 December 2025 - - - - - - - - - - - - - - - - - - - - - Judgment Approved by the court for handing down. Mr L v MoD & Paul Dunn v MoD MR JUSTICE LINDEN : Introduction 1. These appeals arise out of claims brought by two former members of the armed forces who allege that they were subjected to disability discrimination by the Ministry of Defence (“MOD”), contrary to the Equality Act 2010. In the first claim, Mr L was discharged for reasons connected with the fact that he had been diagnosed with human immunodeficiency virus (“HIV”). He alleges that his treatment was contrary to Part 5 of the 2010 Act. In the second case, having been discharged from the armed forces on the basis of ‘premature voluntary release’, Mr Dunn sought a retrosp...