Discussion in 'Current Affairs, News and Analysis' started by waffen, Jan 26, 2013.
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That is the question
Soldiers accuse army of 'betrayal' after payoffs cut by 75pc - Telegraph
This happened to two of my soldiers last year. The redundancy calculator was not clear and IIRC used the term "unpaid leave" in the small print. My RAO staff assisted the soldiers with their calculations and even reffered to the ARC for guidance. All the relevant warnings and instructions were in the notes that were in the margins of the calculator. The only way to get the correct financial prediction turned out to be to run two seperate calculations using different dates - I forget the specifics.
Anyway we looked at the appeals process and I took it up with the chain of command, writing directly to AG in the end. Although the appeal process was offered, both soldiers were warned that they would not get more money but might possibly be allowed to soldier on. As both were committed to leaving the Army (the mental switch had been flicked) they sucked up the reduced payments and left.
However, I note from the DIN on the latest tranche that specific and clear guidance is given to those with breaks in service and I am led to believe that the redundancy calculator has been amended to accommdate breaks in service more easily. AG promised this in his written reply to me, so at least some good came out of the complaints for people in this and later tranches, if not for the individuals involved.
AGC covering themselves in glory again.
If people can prove that they reasonably 'acted in reliance' on the information provided and have incurred material loss as a result, they would have a very good case in law if they sue. Probably not applicable to the ones who took the computer's word for it, but where the sums were confirmed by letter, any half-competent Barrister would advise early settlement of claims.
I've read the article and it refers to breaks in sevice. Since in my time such breaks weren't available, what are they and how do they become eligible for such? Are the breaks counted as time not served or as a sort of discharge from the armed forces? I can't really give a full answer to the OP without undestanding how the breaks are administered.
The one which baffles me most is the one referring to the person who tried a stint as pond life and came back. In my time moving between army, navy, air force did not result in a loss of continuity in service. I can remember a RAF Regiment squadron leader who was with 22SAS and I think there was also a former SBS bloke with the regt as well.
If the breaks in service are being treated as time discharged are those applying for such break warned of the potential financial impact? It's the only way, to me, this drop in payment makes any sort of sense.
Edited to add.
Just one thought. If these people did get a discharge and then come back then the time served does get calculated differently for redundancy - it's something some are knowledgeable about in civvy street and negotiate a proper continuity of service for seniority etc. after working for another employer for a brief time (less than 18 months away in my experience). The best marker might be the actual pension payable.
Or even an overriding verbal assurance, where it was given by someone in authority who would reasonably have been expected by the junior subordinate to have known what they were talking about, who would have been acting as an agent of the MOD, and issuing advice in the expectation that the the subordinate would place detrimental reliance on it. Off the top of my head, typing this in bed on a Saturday morning, it seems to be a combination of contract and tort (Hedley Byrne/negligent misstatement).
How much did these guys lose out on? If it was anything more than c£5,000, send me a personal message, and I will give you details of an ex-Army officer, now a barrister, who specialises in fighting for soldiers who have been unfairly treated. They lose nothing by getting free legal advice, and if the Army gets taught a lesson then it is less likely to do the same again.
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Don't be such a dick. How do you presume it's anything to do with the AGC? The Redundancy Calculator is not designed or owned by the AGC. The AGC don't decide on the amount of a payout. The AGC don't control the appeals process. Maybe you should look elsewhere.
I don't know what your issue is with the AGC, Nor do I care. Perhaps you were rebuffed by some AGC munter and you've never lived it down.
In civvy street I have not come across a situation where unpaid leave is counted as a loss of continuity in employment with an employer. If it had done I would have suffered quite badly since I occasionally take such time to follow other interests. It does hit the pension pot a bit (I have defined contributions) and so have to pay more in to make up potential loss on the planned retirement date.
AGC like everyone else has the good, the bad and the dobbers.
This is true. However to blame the AGC for someone being told duff information by an [SPVA?] computer system and then the SPVA desk operator shows that he has other issues, or is just a dick.
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