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PVR and Early Release

W

wheresthebodgetape

Guest
Release before Min. Waiting Time

Release before Min. Waiting Time

The only advice I can offer mate is that the MOD will NOT risk losing a tribunal due to the illegal contract it places you under (12 months to leave a job is deemed illegal and unenforceable in law). You can just give a months notice and leave, you could even leave today but the MOD can sue you for actual financial losses entirely down to you not giving sufficient notice - amount almost certainly NIL.

However the sneaky barstewards are more likely to collar you for colchester so make sure you put in all the necessary paperwork checked by a lawyer first.

However a much easier way is to let them see you aint going to give in and are willing to take it all the way - register for an industrial tribunal on the grounds of them screwing your career up by imposing an unfair notice period. I can almost guarentee that they will let you out long before it goes to tribunal - provided they are aware you have submitted an application.

The reasons are multiple, for starters if one person wins a tribunal then as soon as someone else wants to leave in a hurry - for example impending desert trip then all they need to do is the same to get out of it, not the best situation for them to be in. Also it costs the MOD for every tribunal financially as well as publicity wise and the ETS brings in a right good set of lawyers when the MOD is involved, gratis to you but mucho expensive for the MOD.
Bottom line is they cannot risk you winning a tribunal because of the impact on anyone else wanting out in a hurry. But if you show any signs of sitting back and letting them shaft you, you are in for the stretch.
 

True Blue Jack

Warrant Officer
4,438
0
0
The only advice I can offer mate is that the MOD will NOT risk losing a tribunal due to the illegal contract it places you under (12 months to leave a job is deemed illegal and unenforceable in law). You can just give a months notice and leave, you could even leave today but the MOD can sue you for actual financial losses entirely down to you not giving sufficient notice - amount almost certainly NIL.

However the sneaky barstewards are more likely to collar you for colchester so make sure you put in all the necessary paperwork checked by a lawyer first.

However a much easier way is to let them see you aint going to give in and are willing to take it all the way - register for an industrial tribunal on the grounds of them screwing your career up by imposing an unfair notice period. I can almost guarentee that they will let you out long before it goes to tribunal - provided they are aware you have submitted an application.

The reasons are multiple, for starters if one person wins a tribunal then as soon as someone else wants to leave in a hurry - for example impending desert trip then all they need to do is the same to get out of it, not the best situation for them to be in. Also it costs the MOD for every tribunal financially as well as publicity wise and the ETS brings in a right good set of lawyers when the MOD is involved, gratis to you but mucho expensive for the MOD.
Bottom line is they cannot risk you winning a tribunal because of the impact on anyone else wanting out in a hurry. But if you show any signs of sitting back and letting them shaft you, you are in for the stretch.

Oh God we have another barrack room lawyer - welcome to the goat. I can't be ar$ed to look for it but we went through all this a year or so ago. European Law states that the minimum length of notice is one month (or one pay period, I forget the exact terminology - same difference). Note the word minimum: it cannot be less than but may be more than, so it could be 6, 12 or 18 months.

The MOD may let someone go early to save the hassle and expense of a tribunal but if they pushed it to prove a point they would win. In their position I would then sue the plaintiff for my legal costs.
 
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