Human Rights Act Anyone??? Major AGAI woes

A

armadillo

Guest
#2
Speak to a solicitor immediately, I was agaid illegally by a CS finally sorted now best advice is to contact the army legal service, they are there for you as well. Good luck.
 
#3
Just ask to be treated the same as Tracey Temple, who was redeployed to another role in the CS or you'll instruct solicitors.

BBC NEWS | Politics | Prescott admits affair with aide

Ask your beak to demand discovery of all of the investigation documents and all email itraffic of anyone associated with the investigation so you might conduct a proper defence. Must be hundreds of documents if it took a year to investigate.

Get your lawyer to book an Employment Tribunal to put some time presssure on the CoC.

At the same time ask why the Army is suddenly exempt from employment law.

Keep a diary, reconstruct the events, get on the front foot and start demanding information from the CoC...... on a regular basis, be in their face at least once a week.

Go to the RMO and get a stress chit - immediately. Prepare you defence in the time you have off work, the other side will still have to work.

Editied to add that I presume that the RM Major is also being treated exactly the same in every respect, if not - sex discrimination claim with unlimited damages IIRC. Better still if anyone has ever had a pinup in your office envirnment of if anyone, anywhere near you throughout your career has ever left porn where you might see it - create an open goal.

Best outcome - if the person AGAIing you has ever allowed any soldiers under his/ her commd to ever have porn or tell sexist jokes - document, through the lawyer and go for the throat.
 
#5
AFA Charge or AGAI?

if AGAI you can't get legal representation; AGAI is essentially a process to reinforce professional employment standard, 'company policy' if you like, not mil law.

I doubt it will be a mil charge.

However, if you feel that your investigation has been mishandled there are several forms of redress; key point, nominate a decent AO, at least a Snr capt or Maj, not a Lt or WO.

Bottom line, if you failed the service test you now need to ensure that you are treated fairly and appropriately by the system. For social misconduct AGAI action is normally a removal from post or a promotion ban (letter of censure). Given that you are leaving the service no real drama, you just need to ensure that you case is expedited through the system and that it doesn't delay your departure.

Don't listen to the barrack room lawyers who suggest making life difficult by complaining about x, y or z it won't help your cause, and will quickly alienate what allies you have and could potentially delay your departure.
 
#6
Smudge67er - of course I am fit - I can run my mile and a half well within the standards.......
.
A horse can run 1.5 miles in the allotted time. However I wouldn't nail a horse. We've already established that you "put out" ;)
 
A

armadillo

Guest
#7
I'm a Capt, my AO was a Lt Col. I work within the policing area and the Deciding Officer, a Brigadier, served me up a Severe Expression of Displeasure - so yes it was an AGAI. But the Admin Action area is still under Human Rights Act legislation - Right to a Fair Trial and to be honest when I mentioned this to the DO h's answer was 'are you threatening me'. So I could pursue a legal objection to the way the investigation was conducted. Said RM Maj still with wife and unpunished despite having been reported for the criminal offence of hacking my personal email account and deleting a file by which I could prove everything...ho hum.

Smudge67er - of course I am fit - I can run my mile and a half well within the standards.......

Armadillo - thanks will go civvy lawyer as certain ALS Branch also subject of complaint in same case due to conduct.

Hootch - thanks too - it took them a year to investigate due to absolute ineptness not number of files etc. I've already claimed a lot under DPA but it's been hard. Will see you all no doubt from the front page of a tabloid soon.

Never had anyone says thanks publicly for a long while. Thank you,

The army is its own worst enemy sometimes, there is a culture of ignorance to employment law and the HRA. Senior management is so out of step with the civilian sector, even to the arrogance of placing itself upon a pedestal.

As for the service test, for general run of the mill prevalent offences it works fine, however it is flawed as an interface when hit with multiple inputs. As for the deciding officer question of are you threatening me?

I would have answered no just warning you.

I was railroaded into signing a AGAI form when management decided to sanction me, I was asked to sign the form, I am so regretting that I did not stand my ground and refuse to sign ( a simple and lawful right).

I hope everything goes well for you, as you say you are leaving soon, part of me says do the time and never look back. However part of me thinks you are similar that you like the Army but not the toxic leadership in place.

Honestly good luck,

Armadillo.
 
#8
AFA Charge or AGAI?

if AGAI you can't get legal representation; AGAI is essentially a process to reinforce professional employment standard, 'company policy' if you like, not mil law.

I doubt it will be a mil charge.

However, if you feel that your investigation has been mishandled there are several forms of redress; key point, nominate a decent AO, at least a Snr capt or Maj, not a Lt or WO.

Bottom line, if you failed the service test you now need to ensure that you are treated fairly and appropriately by the system. For social misconduct AGAI action is normally a removal from post or a promotion ban (letter of censure). Given that you are leaving the service no real drama, you just need to ensure that you case is expedited through the system and that it doesn't delay your departure.

Don't listen to the barrack room lawyers who suggest making life difficult by complaining about x, y or z it won't help your cause, and will quickly alienate what allies you have and could potentially delay your departure.
You are the Adjutant General and I claim my £5! Erm...sir.
 

WatchingWater

Old-Salt
Book Reviewer
#13
Errrrr, dead, actually.
Oh good, me too! I've got some used goods in my freezer I don't want anymore, I'll flog 'em at a tenner a piece. May need a cleanout first..
 

WatchingWater

Old-Salt
Book Reviewer
#15

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