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Case Law – addressing employment of members of armed forces (R010459)

Freedom of Information: Case Law – addressing employment of members of armed forces (R010459)

Thank you for your request dated 28 May 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information: 

“In his letter to Tracy White, Clerk to the Justice Committee, dated 21st May 2015 (ref SMCG/GS), Mr Stephen McGowan refers to case law when addressing employment of members of the Armed Forces. Can you advise me as to the cases which support this claim?”

In his letter of 21 May 2015 Mr McGowan refers to the Stair Memorial Encyclopaedia and the statement there that “ The terms of engagement of members of the armed forces are not contractual. Members of the Armed Forces are appointed by the Crown under the Royal Prerogative, and hold an appointment at the Crown’s pleasure.” That statement is supported by caselaw which is referred to in footnotes to paragraph 604 of that publication.