Complaint by relative of an SuT got me arrested and ended my career....

#1
Gentlemen,

Whilst serving as a Pl Comd Instructor at Depot, an SuT submitted his DAOR in Wk 12 as was his right. I was then contacted by his 'Step-Grandfather' who was a retired officer and he asked me to tear up the discharge paperwork and keep the SuT in training. When I refused, he accused the other SuTs and then my training team of bullying the individual out of training. I reported this to my CoC and then actioned the DAOR. Unbeknown to me, the retired officer wrote to the CO directly accusing my TT and I of bullying including racially aggravated harassment and this was sent straight to SIB. 3 months later I was invited in for a chat with the CO on a Friday morning and then got openly accused of bullying and then told to go straight to the RMP interview. As I was deploying on an exercise for two weeks the following day, it was agreed I'd be interviewed immediately upon return. After the interview, I was posted a couple of weeks later and then several months passed and the investigation against me was closed but one of Cpl Instructors was still being investigated. When his charges were dropped, I resigned immediately and lodged a service complaint. This has been released after 18 months and quite a lot of maladministration. My complaint focused on the actions of the CO who seemed to chin all policy etc. Their argument is that JSP 763 doesn't apply because it was a civilian who raised the complaint and so as there was no policy in place, and so he was guided by advice from Support Command - which they won't disclose.

What do I do? Is there anything in MoD policy about a civilian submitting a complaint against a serving soldier? I've looked at JSP 763 and the Armed Forces Act. I have write my comments within the next few days. The SC went up to Commander Field Army level.
 
#2
Gentlemen,

Whilst serving as a Pl Comd Instructor at Depot, an SuT submitted his DAOR in Wk 12 as was his right. I was then contacted by his 'Step-Grandfather' who was a retired officer and he asked me to tear up the discharge paperwork and keep the SuT in training. When I refused, he accused the other SuTs and then my training team of bullying the individual out of training. I reported this to my CoC and then actioned the DAOR. Unbeknown to me, the retired officer wrote to the CO directly accusing my TT and I of bullying including racially aggravated harassment and this was sent straight to SIB. 3 months later I was invited in for a chat with the CO on a Friday morning and then got openly accused of bullying and then told to go straight to the RMP interview. As I was deploying on an exercise for two weeks the following day, it was agreed I'd be interviewed immediately upon return. After the interview, I was posted a couple of weeks later and then several months passed and the investigation against me was closed but one of Cpl Instructors was still being investigated. When his charges were dropped, I resigned immediately and lodged a service complaint. This has been released after 18 months and quite a lot of maladministration. My complaint focused on the actions of the CO who seemed to chin all policy etc. Their argument is that JSP 763 doesn't apply because it was a civilian who raised the complaint and so as there was no policy in place, and so he was guided by advice from Support Command - which they won't disclose.

What do I do? Is there anything in MoD policy about a civilian submitting a complaint against a serving soldier? I've looked at JSP 763 and the Armed Forces Act. I have write my comments within the next few days. The SC went up to Commander Field Army level.
Maybe get a civvy solicitor?
 
#4
Gentlemen,

When his charges were dropped, I resigned immediately and lodged a service complaint. This has been released after 18 months and quite a lot of maladministration. My complaint focused on the actions of the CO who seemed to chin all policy etc. Their argument is that JSP 763 doesn't apply because it was a civilian who raised the complaint and so as there was no policy in place, and so he was guided by advice from Support Command - which they won't disclose.

What do I do? Is there anything in MoD policy about a civilian submitting a complaint against a serving soldier? I've looked at JSP 763 and the Armed Forces Act. I have write my comments within the next few days. The SC went up to Commander Field Army level.
Might you have been better NOT resigning, then you'd still have a job.
 
#5
Gentlemen, I'll ignore this bit
When his charges were dropped, I resigned immediately and lodged a service complaint.
So you ended your own career? Or did someone force you?
 
#6
So, the complaint was made, investigated and dropped. You resigned and made a complaint which was rejected. About the only thing I can think of is an Industrial Tribunal citing Constructive Dismissal. Good luck with that....Q1, Day 1. So having been exonerated you still resigned?
 
#7
Thank you for you reply.

I resigned, submitted my service complaint and then worked left after 12 months; my service complaint has been escalated a 2* HQ and Commander Field Army and held in Disclosures prior to release. The finished report was released last week after 18 months and as a complainant, I have a period to consider the report and produce a response. The report, complete with my response is considered by the Specified Officer (a Brigadier) and a decision is made.

I resigned as the behaviour of certain individuals constitutes harassment under the Protection from Harassment Act 1997. I resigned the day that the case was closed because I was told to resign before hand would be considered an omission of guilt. I had no wish to remain in the Armed Forces after this shit storm.
 
#8
Thank you for you reply.

I resigned, submitted my service complaint and then worked left after 12 months; my service complaint has been escalated a 2* HQ and Commander Field Army and held in Disclosures prior to release. The finished report was released last week after 18 months and as a complainant, I have a period to consider the report and produce a response. The report, complete with my response is considered by the Specified Officer (a Brigadier) and a decision is made.

I resigned as the behaviour of certain individuals constitutes harassment under the Protection from Harassment Act 1997. I resigned the day that the case was closed because I was told to resign before hand would be considered an omission of guilt. I had no wish to remain in the Armed Forces after this shit storm.
What do you want the outcome of your complaint to be?
 
#9
#11
I'm going to hazard a guess and say, money.
From the Prevention of Harassment Act (my bold)

Civil remedy.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—

"(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).".

3.—(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the

victim of the course of conduct in question.

(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

(3) Where—

(a) in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from

pursuing any conduct which amounts to harassment, and

(b) the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,

the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
 
#12
...Their argument is that JSP 763 doesn't apply because it was a civilian who raised the complaint and so as there was no policy in place, and so he was guided by advice from Support Command - which they won't disclose.

....

What do I do? Is there anything in MoD policy about a civilian submitting a complaint against a serving soldier? I've looked at JSP 763 and the Armed Forces Act.....
It's a bit hard to say that JSP 763 doesn't apply to complaints submitted by civilians when there's a paragraph in there about complaints from non MoD personnel - paragraph 1.16.

It's still reasonable for them to have taken advice
 
#13
Thank you for you reply.

I resigned, submitted my service complaint and then worked left after 12 months; my service complaint has been escalated a 2* HQ and Commander Field Army and held in Disclosures prior to release. The finished report was released last week after 18 months and as a complainant, I have a period to consider the report and produce a response. The report, complete with my response is considered by the Specified Officer (a Brigadier) and a decision is made.

I resigned as the behaviour of certain individuals constitutes harassment under the Protection from Harassment Act 1997. I resigned the day that the case was closed because I was told to resign before hand would be considered an omission of guilt. I had no wish to remain in the Armed Forces after this shit storm.
Seems to me like an artifact of the officer-honour-integrity thing that the Army (mostly) rightly requires.

If you had been cleared of any wrongdoing, and resigned at that point on the basis of the whole shindig leaving a bad taste, that would have been fine in pretty much any other job. However, you only resigned once the case had been dropped against your Cpl.

If you felt so strongly that you wanted nothing to do with an employer that treated you and your team so badly that you wanted to resign, it seems wrong that the expectation was that you not resign before the case against your subordinate was dropped lest it weaken his/her defence.

In effect, the "unwritten rules" of the Army required you to stay in a job that had let you down and you wished to leave. That'd be damned near impossible to prove though.

This is particularly unfortunate for very junior officers (I'm thinking you were a Lt). It's one thing for a senior officer to make a stand and say "you're not treating me or my blokes like this, I'm resigning on principle", but quite another to put a subaltern in that position. That would be where I would concentrate, from what's been told. Not sure you'd get anywhere though.
 
#16
It was the intent of the CoC to CM to Cpl XXX and thus I would be held accountable for failing to prevent bullying and charged under military law - I have an email chain to that effect and was briefed by an Adj. I resigned on the day when all charges against all personnel were dropped. It was a combination of supporting my subordinates and looking out for myself. I was a junior Captain with 2 years in rank and had commanded 110 man coy on ops.

They are clinging to the fact that it was a retired-Maj who submitted the complaint and thus they weren't bound by any policy and their higher-headquarters won't disclose any files relating to direction given. The interview notes of CO do not align with the Adj or the OC. They held this document for 18 months and have given me 10 days to review and comment - a letter from my solicitors was rapidly dispatched.

I know of five blokes who all got hit in varying degrees by this man; they clearly won't want to admit wrong doing as it would set a precedence for subsequent action. I am confident, I am just going blind reading JSPs!

Many thanks for all of the help!
 
#17
So, the complaint was made, investigated and dropped. You resigned and made a complaint which was rejected. About the only thing I can think of is an Industrial Tribunal citing Constructive Dismissal. Good luck with that....Q1, Day 1. So having been exonerated you still resigned?
It's the 'Employment Tribunal' that you need to complaint to, if you are going down the Constructive Dismissal route. Be aware there are strict time limits unless there are exceptional circumstances.

Be very careful what you post on here as it may undermine your case. Ask for references i.e.Manual of Military Law or whatever has replaced it but keep your powder dry and don't give anything away.

Your Brief should have already explained this.

Look at recent Prison Officers 'V' HM Prison Service, Employment Tribunal cases particularly the Wakefield Prison (I am at the moment unable to recall the Senior Officer's name) but her brother who was a Solicitor ripped the HMP a new arrsehole and she received a substantial settlement.

ACAS become involved in some Employment Tribunal cases and settlement can be reached without going to the full Employment Tribunal.

The two cases that may assist are the CAROL LINGARD V HMP WAKEFIELD (HM PRISON SERVICE) and EMMA HOWIE V HMP WAKEFIELD (HM PRISON SERVICE).

The brief you need is JOHN STURZAKER of RUSSEL, JONES and WALKER. (Who is the brother of CAROL LINGARD).

RJW recently joined forces with SALTER AND GORDON.
 
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CanteenCowboy

LE
Book Reviewer
#18
I'm surprised no ones said "Better call Saul!" but just replace that with @hackle as far as I'm aware he's the most clued up here about Military Law. It helps he's a Lawyer and knows about things like that.
 
#20
It was the intent of the CoC to CM to Cpl XXX and thus I would be held accountable for failing to prevent bullying and charged under military law - I have an email chain to that effect and was briefed by an Adj. I resigned on the day when all charges against all personnel were dropped. It was a combination of supporting my subordinates and looking out for myself. I was a junior Captain with 2 years in rank and had commanded 110 man coy on ops.

They are clinging to the fact that it was a retired-Maj who submitted the complaint and thus they weren't bound by any policy and their higher-headquarters won't disclose any files relating to direction given. The interview notes of CO do not align with the Adj or the OC. They held this document for 18 months and have given me 10 days to review and comment - a letter from my solicitors was rapidly dispatched.

I know of five blokes who all got hit in varying degrees by this man; they clearly won't want to admit wrong doing as it would set a precedence for subsequent action. I am confident, I am just going blind reading JSPs!

Many thanks for all of the help!
Unfortunately these cnunts forget that they ARE retired and shouldn't try to use their perceived influence.
 

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