Can I sue the Army for negligence over Pay

Discussion in 'Army Pay, Claims & JPA' started by accidentalscaley, Feb 22, 2006.

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  1. Can i sue the RAO department or the Army Pay Office, for continually cocking up my pay, if we were on Civ street we could. I'm sick of my pay getting messed up time and time again, I'm trying to buy a house and not having a normal pay statement for the last 2 years odd is really getting on my tIts, and it doesn't help with the mortgage broker or my solicitors, who need normal statements.
    And before any blah blah men start banging on about, if you don't like it you shouldn't have joined, or why don't you sign off, and all that bawllocks, i'm not interested, go away, all i need is a sensible answer. Thank you
  2. Well I suppose you could sue... I'm just puzzled how you could afford to do it, what with having your pay cocked up and everything (Sorry, I couldn't resist)
  3. 4 months into a tour I am assured that my fifth pay next month will be correct, but I'm not holding my breath. Ongoing pay issues are really one of the worst parts of military life.
  4. I happened to be giving a finance bod a lift home t'other day and we were talking about pay and he informed me that any organisation that fails to pay its employees correctly is in breach of employment law. I would suggest a formal COs interview followed by a visit to a solicitor....sue the buggers!!
  5. You can see your pay statement over the internet now..print it off there, that may help you a bit...
    P.S. if anyone can put on the link so you can see this link i also would be gratefull... :D :D
  6. Ask for legal aid if the costs rocket... but yeah, sue the buggers! Its the only way they'll change.
  7. Get a print of your pay statement from here

    this may not be good enought for the mortgage geezers though, the probably want a real one. :(
  8. Can you not put a complaint in to the CO by letter explaining what has been going on with your pay, stating that if a satisfactory outcome in the next month or so is not seen you will be taking legal advice? Although the fact that you say it is 2 years of **** ups leads me to believe that you may well have hidden your head in the sand more than once hoping it would sort itself out.
  9. FFS, do we really NEED to resort to sueing folk, we really are a reflection of the society we recruit from aren't we........

    Have you approached the relevant ppl within your chain of command with this?
    Have you accurately recorded all of the times you have done so?
    Have you approached the RAO and asked for help with it?

    There are loads of avenues to take before you get the ambulance chasers involved, yes, i agree that the situation is blatently wrong and if it is as bad as you say, then someone somewhere is due an enormous rocket in the posterior for allowing this to drag on. BUT, and its in capitals cos its a big one, you must bear some of the responsibility for this if you haven't approached the COC with it, if you HAVE and are still ignored, then yeah, cry havoc and unleash the dogs of law (D'ya like that bit, see wot I did there?......).

    There are ways to get things done in the Army that dont need to involve the blood-sucking vampires and all the nastiness and expense that employing them brings.

    Sorry to be so negative but it pains me to see soldiers leaping for the lawyers when a stiff talking too or even a letter to 'Soldier' mag would acheive sooooo much more and in a firmly respectable and military stylee to boot. Seriously, get the COC involved first.........

  10. The short answer is no.

    The long answer is detailed below.

    To establish negligence at law it is necessary to prove that

    ○ The defendant owes the claimant a duty of care
    ○ The defendant has breached that duty.
    ○ The claimant suffered loss or damage as a result.

    Almost undountedly you satisfy all the criteria shown above however according to a ruling in X (Minors) v Bedfordshire County Council [1995] 3 All ER 353, If a public authority is given a statutory duty to do something this in itself will not give rise to a duty of care being owed.

    In other words the MOD is contractually bound to pay your monlthy salary as long as you continue to work for them. That is to say you cannot sue someone for failing to take the appropriate amount of care, when a contractual relationship exists between the claimant and defendant and that relationship is built on an express agreement that the appropriate amount of care will be taken.

    There are many occasions where there is concurrent liability in the law of contract (in this case Employment Law) and the Law of Tort (Negligence), however this is not one of them, and you would probably need to pursue an action for breach of contract (a legitimate expectation of regular pay).

    There are conflicting opinions on whether negligence at law should or should not apply to suing a public authority (the MOD), but I won't bore the readers any furher.
  11. A little more info would be better to make any helpful suggestions. E.g in what way is your pay screwed up?
  12. having been on the receiving end of some horrendous pay cock-ups over the last 15 yrs i can completey sympathise with sammy.

    Battsimm, get with the programme mate.

    When i once received the mother of all pay fcuk-ups i asked for a formal COs interview and was told by the big man to stop whinging, to get on with it and these things happen...and "that even his pay was wrong this month!"

    sadly this is the mentality that we're dealing within within the COC, and the regular comments in soldier from a certain Brig reflect this - the "it was ever thus mindset"

    regarding sueing their asses... i suspect you probably could, but it would be such a long and complicated process and ultimately it would probably be thrown back at you for not "informing them of your change of circumstances!"

    i believe that pay types can now get AGAId if they're proved incompetent, seek advice through your CoC, but i suggest min rank WO2/Maj
  13. One big change I did notice on my arrival in civ-div was that fact that pay matters are taken very, very seriously. Not once has my pay been messed up, any payments, allowences etc owed to me are payed on time and never overlooked. In short, the army pay system is serously flawed (and always has been IMHO) with the peopple who are supposed to be running the system at a local level not really being accountable to their customers (a bad phrase, but quite correct in context). When I left in 2000 my re-settlement grant failed to materialise in my bank account. It turned out my old pay master had failed to give me the correct paperwork prior to my departure, and I had to sign on the dole for a few weeks, not an experience I'd like to repete ever again. Was he held accountable? Of course not.
  14. Errrrrrr isnt that what I said?

    I'm only gonna do one line answers from now on as no-one reads them, obviously.................

  15. whatever!