Employment Protection

Discussion in 'Army Reserve' started by VerminWA, May 8, 2006.

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  1. I am expecting a brown envelope to slap on my mat very soon and was wondering where I stand in respect to employment protection. I'm a contractor on a 6 month contract that has a 90% chance of being extended, the date I've been given will mean that I will have to leave that contract after 3 months. Does anyone know how or if there is any protection offered to people in my position? What will happen if I struggle to find another contract on my return to blighty? Is it just a matter of we finish paying you on this date, after that you are on your own?

    I am fully expecting the answer to be "tough sh1t son, your stuffed!" I will still go but you never know there might be someone out there that knows better and can allay one or two of my worries.
     
  2. Technically under the Reserve Forces Act you are protected and have the right to redress (but not in employment tribunal) if your contract is terminated as a result of mobilisation.

    The reality is that because you are on a fixed term contract you have no legal rights for the contract to be maintained, extended or renewed whilst you are mobilised, contractual notice would be all you would probably win - a weeks pay! Likewise your former employers, if they give a reference at all, should only make factual statements about reason for non renewal of your FTC so it may give the game away of you said your took some time off and the reference says you had been mobilised. I have already mentioned in another thread about the legality of discrimination on grounds of reserve forces membership and guess you may find people are a bit awkward if they think you may get pinged again, best keep quite unless asked but have an answer ready if they do raise it.
     
  3. STA, many thanks for the info, pretty much what I expected, simply doesn't pay to be a contractor any more!
     
  4. msr

    msr LE

    Given that all TA mobilisation is voluntary, you have only yourself to blame...

    You may have recourse via an employer appeal.

    msr
     
  5. Don't you require a letter from your employer these days? I know it's my Unit's policy to provide said letter, due to the "Intelligent Mobilisation" factor. We need to liteally get permission from work for mobilisation, and even this doesn't guarantee that your job will be there (more so if you're the only person who does your job as they can make the role redundant rather than fire you).

    Personally, I'd prefer to rock up and find that envelope on my mat, but it's a lot more complicated now :roll:
     
  6. as msr says, it's all voluntary now. You must have volunteered so I'm not sure what you can expect anyone to do for you when you knew you were a contractor when you agreed to go.

    I'm not even sure that an employer appeal will assist as this would only succeed in having the mobilisation order withdrawn (if anyone was stupid enough to accept it which I doubt), not aid any compensation whether that be the extension of the contract or not.
     
  7. I'm fully aware of that fact, I just wanted to know if there was any protection for those who work as contrators. All personnel who are permanent employees get protection, even those who are self employed get compensation of sorts. I was just curious if there was any protection in place for those of us who are in the middle ground. To be fair I can't see how it could be done so therefore it's no suprise to me that there is no procedure in place.

    Now I'm off to blame myself again with a big whip and a six foot length of emery cloth.

    P.S. Don't go shouting this bit around, "Given that all TA mobilisation is voluntary," if my Mrs finds out............................