Illegal timebar?

#1
Before starting my phase 2 training I had to sign a 4 year time bar from completion of the course. This added approximatly 1 years minimum service to my orginal contract. If I signed this whilst under 18 without a parent or guardians permission is it legal? Will I be able to fight it and get out on my orginal contract of 4 years from my 18th birthday?
 
#2
You will have to do the extra 12 months as you signed the paperwork.

Unless you are a reccy mech and you can prove the big X in crayon was done by someone else!!
 
#3
Ever heard of the saying, "burning your bridges"?

Seriously though, you first have to understand that the Army have invested money and time in you. They naturally want to see some return. That is the whole point of the so called time bar.

The contract you signed is no different to that of other companies and firms who invest in their personnel. Of course, if you pay a lawyer enough money, you could leave earlier. Don't for one minute think it will be easy though, especially if you have succesfully completed trade training.'

As for the legalities, I can't answer that. I'm no barrack room lawyer.

Out of curiosity though, why do you ask? I'm presuming you're currently at Bordon or Arborfield - life changes when you reach your first unit. Why not give it a chance?
 
#4
Why don't you stay in a while before deciding you want to jack it in?
 
#5
Although the Army likes to talk about 'Time bars' a great deal - they have absolutely no legal foundation. Under EU employment law, if you give your employer 30 days notice that you wish to leave, they have to let you leave - or you get to take them to court...

Strangely enough, its not something they go into detail about when they ask you sign a 'time bar'...
 
#6
Adjutant said:
Although the Army likes to talk about 'Time bars' a great deal - they have absolutely no legal foundation. Under EU employment law, if you give your employer 30 days notice that you wish to leave, they have to let you leave - or you get to take them to court...

Strangely enough, its not something they go into detail about when they ask you sign a 'time bar'...
I think they can claim back a certain portion (reducing in amount the later you leave it) of the cost of the training, it will depend on the details.

My company says they want 100% back if you leave within 1 year or 50% back if you leave within 2 years.

S_R
 
#7
Adjutant said:
Although the Army likes to talk about 'Time bars' a great deal - they have absolutely no legal foundation. Under EU employment law, if you give your employer 30 days notice that you wish to leave, they have to let you leave - or you get to take them to court...

Strangely enough, its not something they go into detail about when they ask you sign a 'time bar'...
Sorry for intruding on a REME thread, But if the above is true how does it work with having to sign off then wait a year before you can leave?
 
#11
Didn't you read and understand it before you signed it?

As has been said, honour your signature. How will you wake up every morning and be able to look yourself in the mirror if you give up and jack it in now, when it's not really that hard, is it?

It's no easier in civvy street, speak to anyone who has got out and come back in.

Get to your first unit and have a blast, it's a whole different army out there.

Good luck and chin up matey.
 
#12
Hyrax,

reading the news headlines - there's a credit crunch out there, and a shed load of people are going to be losing their homes, cars and jobs. Stay in, ride it out, get some decent qualifications and then think about leaving. You go now, you've got no quals, no experience, and no chance of hanging on to any job as you'll be the first to get chopped when they're looking for cuts.

Besides, chicks dig guys in uniform!
 
#13
Hyrax,

reading the news headlines - there's a credit crunch out there, and a shed load of people are going to be losing their homes, cars and jobs. Stay in, ride it out, get some decent qualifications and then think about leaving. You go now, you've got no quals, no experience, and no chance of hanging on to any job as you'll be the first to get chopped when they're looking for cuts.

Besides, chicks dig guys in uniform!
 

P3HO

Old-Salt
#15
I didnt have my Mummy or Daddy's permission? Is this what you are telling us? Honestly...get a sodding grip!!!

Nearly 20 years done and in that time I have had so many ups and downs. One thing that is guaranteed is that there are far more ups than downs.

Have a good kip and fight through :D
 
#17
BiscuitsAB said:
a contract cannot be formed by someone under the age of 18 and be legally binding.
So a 17 1/2 year old soldier can just up sticks and shove a pair of fingers up at the Army then?
 

BiscuitsAB

LE
Moderator
#18
The-Lord-Flasheart said:
BiscuitsAB said:
a contract cannot be formed by someone under the age of 18 and be legally binding.
So a 17 1/2 year old soldier can just up sticks and shove a pair of fingers up at the Army then?
It would be an interesting test to try and find out mate. In my experience a "young person" (don't you just love PC!) under the age of 18 cannot enter into a contract. (in England and wales not sure about NI and Scotland).

I had to do the research from an employment law perspective 18mths ago when taking on two apprentices. I do know that you have to be 18 to be able to sign a contract under the consumer credit act 1979 as amended and you have to be over 18 to enter into a life assurance contract although Friends Provident did have some law passed in the late 1870's do do with insuring the life of a child.

On the employment issue we came to the decision that we couldn't ask the 17 year old to sign a contract so we just wrote them a letter of terms and conditions offered.

It would be interesting to get an employment law professionals opinion on the matter.
 
#19
It would be an interesting test to try and find out mate.
I think many have tried in the past and they have been granted a quick interview en route to a few days getting a stripey suntan. Cant seem to remember many 'I'm not legally under contract due to being 17 1/2' being offered as a defence for going diffy. :wink:

I'm sure it is the case in civvy street but within the Army, it's obviously slightly different.
 
#20
No way are you committed to something you signed under 18 years of age. Just scamper when you think your time is up!

You can keep saying, or indeed believing that, as two hairy Arssed Red Caps come to collect you from what ever bolt hole you chose too head for!
 

Latest Threads

Top