My pay, and that of another couple of dozen service members has been changed illegally.

In a nutshell, the FQ's here have been regraded as grade 2 from grade 3. I'm not going into the whys and wherefores of that regrade. However, the crux of the matter is that the board was held in July 11, we were not informed until late Jan 12. The JSP quite clearly states that occupants must be informed no later than 3 months after the board or it's findings are invalidated.

Letters have been sent to DIO. They know that what they have done is wrong, yet to date they refuse to even acknowledge any letters etc.

I have spoken to our admin office (mostly civilian staff) who have told me that the change has already happened on JPA and that they were "told" to process it although they thought that it shouldn't have been done.

I am about to seek formal legal advice on this.

So, my questions are

1. Can I recover legal costs from DIO as they have not followed the JSP?

2. As my pay has been illegally changed can I pursue for that loss of earnings?

3. Can I/should I persue the member of staff that changed my pay although they knew it to be wrong and not in accordance with the relevant JSP? I would think that this course would also bring in the management of that section too.

Originally Posted by Infiltrator

I am about to seek formal legal advice on this.

So, my questions are

1. Can I recover legal costs from DIO as they have not followed the JSP?

2. As my pay has been illegally changed can I pursue for that loss of earnings?

3. Can I/should I persue the member of staff that changed my pay although they knew it to be wrong and not in accordance with the relevant JSP? I would think that this course would also bring in the management of that section too.

If you are seeking formal legal advice, why are you asking these questions on an informal forum?


Would it not be best to go through your CoC with your complaint, and base any legal action (if required) on their response?


Something along the lines of
'My understanding of the regulations (from the JSP) is that the higher rate cannot be applied, so any monies collected should be re paid immediately. I am in the process of receiving legal advice regarding this matter.'

Shiny

Originally Posted by Infiltrator

My pay, and that of another couple of dozen service members has been changed illegally.

You fucking tell 'em mate. Don't take no shit, get a brief on this straight away. They'll shit themselves because it's a well know fact that civvy briefs scare the Army and that the MoD Civil Service ain't too happy about them neither. Don't fucking stand for it, you get right off in the deep end pal!

Alternatively, you could ask for an explanation as this may all very well be a mistake.

Originally Posted by Biscuits_AB

You fucking tell 'em mate. Don't take no shit, get a brief on this straight away. They'll shit themselves because it's a well know fact that civvy briefs scare the Army and that the MoD Civil Service ain't too happy about them neither. Don't fucking stand for it, you get right off in the deep end pal!

Alternatively, you could ask for an explanation as this may all very well be a mistake.

Oh, no mistakes here. It's been done, as stated above, in the knowledge that it does not fall inside the rules. The CoC know about it and they, whilst feigning interest, are keeping shtum in the hope it'll all blow over.

I'm old and bold enough to be happy to be the test case. I'm just fed up with civvies doing as they please with my pay with no apparent accountability.

If I'm told to something in my job that I know to be wrong, to carry out that instruction also makes me complicit in the wrong doing. Or do you really think that I should just hope that someone, somewhere might just do something about it?

Please Sir, please please please can I have the money wrongfully taken from me back? Pretty please?

JSP 831 and Data Protection Act would be a good place to start.

Try the traditional redress of grievance. They cannot just keep shtum once presented with it.

Originally Posted by Blokeonabike

Try the traditional redress of grievance.

That would be the JSP I mentioned Publicly available too.

Originally Posted by Infiltrator

I'm old and bold enough to be happy to be the test case.

Yep, you sound like a right whinging cunt.

Redress of Grievance, in my opinion, why pay a lawyer? As you say, all in JSP 464, Part 4.

http://www.mod.uk/NR/rdonlyres/BE81D...end6DRAFT2.pdf

If you are not informed of the change of grading within 3 months of the Board, the Board's findings are invalidated. Excess charges should be refunded and a new grading board should be convened to levy any increased charges. Should get you all about 9 or 10 months of refund until they do it properly.

It's rather important in my view that people don't extract dosh from your pay account without proper authority.

Originally Posted by Biscuits_AB

Yep, you sound like a right whinging cunt.

Today, I'll be mostly not feeding the troll!