(1) Where a claim for redress under this Part (other than on the age or disability ground) -

(a) relates to employment in the Defence Forces, and

(b) is made by a member thereof,

then the claim shall, in the first instance, be referred for redress under the procedure contained in section 104 of the Employment Equality Act 1998 as it applies to this Part.

(2) Where subsection (1) applies to a claim for redress, the complainant shall not refer a case under subsection (1) or (3) of section 81E unless -

(a) a period of 12 months has elapsed after the referral under section 104 of the Employment Equality Act 1998 (as it applies to this Part) to which the claim relates and the procedures under subsection (2)(a) of the said section 104 have not been requested or have not been completed, or

(b) the complainant is not satisfied with the decision given under subsection (2)(b) of the said section 104 on the claim,