Illegal deduction of pay

Discussion in 'Finance, Property, Law' started by Infiltrator, Feb 21, 2012.

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  1. My pay, and that of another couple of dozen service members has been changed illegally.

    In a nutshell, the FQ's here have been regraded as grade 2 from grade 3. I'm not going into the whys and wherefores of that regrade. However, the crux of the matter is that the board was held in July 11, we were not informed until late Jan 12. The JSP quite clearly states that occupants must be informed no later than 3 months after the board or it's findings are invalidated.

    Letters have been sent to DIO. They know that what they have done is wrong, yet to date they refuse to even acknowledge any letters etc.

    I have spoken to our admin office (mostly civilian staff) who have told me that the change has already happened on JPA and that they were "told" to process it although they thought that it shouldn't have been done.

    I am about to seek formal legal advice on this.

    So, my questions are

    1. Can I recover legal costs from DIO as they have not followed the JSP?

    2. As my pay has been illegally changed can I pursue for that loss of earnings?

    3. Can I/should I persue the member of staff that changed my pay although they knew it to be wrong and not in accordance with the relevant JSP? I would think that this course would also bring in the management of that section too.
  2. If you are seeking formal legal advice, why are you asking these questions on an informal forum?

    Would it not be best to go through your CoC with your complaint, and base any legal action (if required) on their response?

    Something along the lines of
    'My understanding of the regulations (from the JSP) is that the higher rate cannot be applied, so any monies collected should be re paid immediately. I am in the process of receiving legal advice regarding this matter.'

  3. You ******* tell 'em mate. Don't take no shit, get a brief on this straight away. They'll shit themselves because it's a well know fact that civvy briefs scare the Army and that the MoD Civil Service ain't too happy about them neither. Don't ******* stand for it, you get right off in the deep end pal!

    Alternatively, you could ask for an explanation as this may all very well be a mistake.
    • Like Like x 1
  4. Oh, no mistakes here. It's been done, as stated above, in the knowledge that it does not fall inside the rules. The CoC know about it and they, whilst feigning interest, are keeping shtum in the hope it'll all blow over.

    I'm old and bold enough to be happy to be the test case. I'm just fed up with civvies doing as they please with my pay with no apparent accountability.

    If I'm told to something in my job that I know to be wrong, to carry out that instruction also makes me complicit in the wrong doing. Or do you really think that I should just hope that someone, somewhere might just do something about it?

    Please Sir, please please please can I have the money wrongfully taken from me back? Pretty please?
  5. JSP 831 and Data Protection Act would be a good place to start.
  6. Try the traditional redress of grievance. They cannot just keep shtum once presented with it.
  7. That would be the JSP I mentioned :) Publicly available too.
  8. Yep, you sound like a right whinging ****.
  9. Brotherton Lad

    Brotherton Lad LE Reviewer

    Redress of Grievance, in my opinion, why pay a lawyer? As you say, all in JSP 464, Part 4.

    If you are not informed of the change of grading within 3 months of the Board, the Board's findings are invalidated. Excess charges should be refunded and a new grading board should be convened to levy any increased charges. Should get you all about 9 or 10 months of refund until they do it properly.

    It's rather important in my view that people don't extract dosh from your pay account without proper authority.
  10. Today, I'll be mostly not feeding the troll!
  11. Actually Biscuits, I will just say this. I'm not the only guy being affected by this. As a senior, are you seriously suggesting that I just shut up and accept it thereby meaning that the juniors (who stand to lose far more than I over this when they can least afford it) see that rules that are set in stone can be broken without any redress or comeback and that those that are supposed to look after their interests do nothing to help? What a fine example you must be to those you lead. I take it that you have no spine and can normally be found letting others look after you.

    I'm sure your Mummy is very proud of you.

    Now if you have nothing constructive to say on this forum, run on back to the Naafi where you belong.

    I may be a whinging ****, but you are just a ****.
  12. Brotherton Lad

    Brotherton Lad LE Reviewer

    I would imagine the 3 month rule is imposed to prevent soldiers being 'surprised' by a large demand for payment.
  13. ....without pay issues.
  14. I'm not surprised. Incapacity benefit is paid direct into the bank isn't it? No relying on the post for your giro any more. Or are you the sort that can be found holding up the 0950 from Euston after you've had the signalling wires down the scrappy before heading back to your caravan and your dags? Have you ordered one in periwinkle blue for your ma yet?