Witty_Banter
Flight Sergeant
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Wasn't the 'out in a month' thing down to some Euro law? Might have been Human Rights act? Both of which I think trump the miltary's stance on Employment law (happy to be corrected on this one).
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NEM - A Personal View
- Thread starter PerArdonAdPollo
- Start date
A lot will depend on the contract you have with the employer though - exactly as in civvy street. I don't know, but I'm guessing, that in a situation where your contract says you've signed on until your 22 for example, there are only limited circumstances in which the employer is legally obliged to allow you to terminate early - otherwise it may well be that it's entirely down to the *cough, cough* goodness of their hearts. having said that, chap I know got his date brought forward by somewhere close to 6 months when he got a written offer - once he showed the offer the whole thing was sorted within 48 hours, and he was out inside a fortnight I believe.
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Surely the maximum waiting time will be equal to whatever the maximum notice an employee is given in a case of the RAF making someone compulsorily redundant?
It used to be down to the section to sanction an early release for a job offer on the proviso that the section would run light for the period that the individual would have been there (albeit on resettlement etc).
I have seen that used in a sneaky way by manning to disestablish a post on the grounds of "You've done without it for 11 months, so you don't need it"
It used to be down to the section to sanction an early release for a job offer on the proviso that the section would run light for the period that the individual would have been there (albeit on resettlement etc).
I have seen that used in a sneaky way by manning to disestablish a post on the grounds of "You've done without it for 11 months, so you don't need it"
StickyFingers
Sergeant
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What part of the Human Rights act could you use?
Protection against slavery and forced labour?
Maybe, is it forced labour to keep you in for 12 months when you want out?
Respect for privacy and family life and the right to marry
Could go this way "I can't have a normal family life because you keep sending me away and my wife is going to leave me.
No discrimination – everyone’s rights are equal
Why do I have to say in 6/12 months longer than someone who was let go in a fortnight? It's not my fault I'm in a trade/job that is forcing me to serve 12 months notice.
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A contract can be any type of agreement entered into by two or more parties, the SP has agreed to set of conditions in return for remuneration and other benefits. Employment contracts and service ones normally have a get out, in that both parties agree to ie, we will let you leave after any RoS or Minimum Waiting Time and you agree to this by signing your contract.
Like I said earlier this is contract law not employment law, which does have Statutory Notice Periods of up to 12 weeks, but these are more to protect the employee not the employer. If the law allows for a 12 week notice period it would be very unlikely that a court would agree that a notice period shorter than this was unfair, so the 1 month rumour that does the rounds every now and then is complete tosh.
To have any chance of success in a civil court you would have to have some kind of strong case about the unreasonableness of the exit condition, I doubt that they would find that a job offer from another employer, that would expire if you cannot leave, a strong enough argument.
However, courts do unusual things and if you've got the time, and more money than the MOD has to spend on lawyers then you can have your day in court and a chance of success, please note that your Minimum Waiting Time would probably have expired by the time you get near the court, even if the MOD didn't employ many many delaying tactics, and the stress would probably have a major impact on your health and future employment.
Like I said earlier this is contract law not employment law, which does have Statutory Notice Periods of up to 12 weeks, but these are more to protect the employee not the employer. If the law allows for a 12 week notice period it would be very unlikely that a court would agree that a notice period shorter than this was unfair, so the 1 month rumour that does the rounds every now and then is complete tosh.
To have any chance of success in a civil court you would have to have some kind of strong case about the unreasonableness of the exit condition, I doubt that they would find that a job offer from another employer, that would expire if you cannot leave, a strong enough argument.
However, courts do unusual things and if you've got the time, and more money than the MOD has to spend on lawyers then you can have your day in court and a chance of success, please note that your Minimum Waiting Time would probably have expired by the time you get near the court, even if the MOD didn't employ many many delaying tactics, and the stress would probably have a major impact on your health and future employment.
PerArdonAdPollo
LAC
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Add a further massive financial impact to my life. Another £2 on the Armed Forces Railcard, bringing it up to £17 from April.
It was only £2 when I joined up, robbing gets!
Thanks NEM!*
*probably nothing to do with the NEM.
It was only £2 when I joined up, robbing gets!
Thanks NEM!*
*probably nothing to do with the NEM.
PerArdonAdPollo
LAC
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New pay booklet released today with the actual scales in, and some clarification on certain points;
https://www.gov.uk/government/uploa.../file/509237/20160318_Pay16_Booklet_Final.pdf
https://www.gov.uk/government/uploa.../file/509237/20160318_Pay16_Booklet_Final.pdf
StickyFingers
Sergeant
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Still get to keep my pay for 3 years then.
unruly1986
Sergeant
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In all honesty that's the same ****e from a variety of sources all piled into one booklet. I think that they know 'Pay16' has gone down like a tonne of bricks.
PerArdonAdPollo
LAC
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They keep saying it'll be another review after 3 years. I'm 50/50 on what that means. A drop like this would have a massive, massive impact on anyone on AFPS05 nearing their end of service (me!).
unruly1986
Sergeant
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Apparently CAS is pushing for no pay cuts...
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If you want to live, don't go war with the Treasury. At least not if you're going to lose.
chumpzilla
Sergeant
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From what I am (maybe negatively) reading into, it looks like this is the general consensus:
If you are on top whack level of your respective rank, you have 3 years to get promoted or ET...
I am fortunate (tongue in cheek under the new scheme!) that I will mark time for 3 years and then naturally assume 1 more increment to top out for my increment levels...
If you are on top whack level of your respective rank, you have 3 years to get promoted or ET...
I am fortunate (tongue in cheek under the new scheme!) that I will mark time for 3 years and then naturally assume 1 more increment to top out for my increment levels...
Dan_Brown
Sergeant
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ET - Early Terminate/PVR?
I am top level of my rank and still have 11yrs service left - so if i don't get promoted in 3 years i need to ET? Or have i misread your post?
My concern is the 3 year pay protection, like i said, after the 3 years i potentially have 8 years left, will they drop my pay? It is quite easy not to get promoted at my rank and trade!
Everybody see the news about the pension calculator? Will no longer be released on 4 Apr 16, but nearer the end of the month now - grrr!
PerArdonAdPollo
LAC
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I've been thinking about it and I'm not sure the pension calculator is going to be any good for the likes of you and me. We're going to be on the Special Determined Rate of Pay for 3 years, which could then change at the end of that time, so any calculations done now will mean cock-all. For AFPS05 especially, the only thing that really matters is what you're making in your last 3 years.
I've also been trying to work out that, if the Armed Forces get an above 1% pay rise, would that help us out a bit? Would it bring the gap between the Pay2000 and Pay16 levels closer together (and thus lower the pay drop). But I guess that would only work if we didn't get that pay rise and everyone else did?!
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Challenge the FPS in this forum to find out:
http://www.e-goat.co.uk/forums/forumdisplay.php?257-Military-Pension-questions-and-advice
PerArdonAdPollo
LAC
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Cheers Vim, have done!