Industrial Tribunal

#1
I am concidering taking some kind of action along the lines of Industrial Tribunal can any one provide advice. Can serving solderiers take this kind of action!!!!!!!! :?:
 
#2
Yes. If it is that bad you should be in receipt of legal advice. If you haven't had legal advice you probably aren't far enough down the chain of complaint yet.

Bear in mind-Ind Trib's rule on the LAW-not what (you think) is fair. They will only find in your favour if the organisation has broken the law or failed to carry out their legal requirements.

Above all else-you need legal advice.
 
#3
Further to devexwarrior's advice. you should be able to show that you have eliminated and or exhausted all internal procedures. EDA normally your first port of call before legal.
 
#5
Its been 'Employment Tribunal' for the last 8 years or so.
Sorry, I know it adds nothing to your problem but its one of those things that gets right up my **** retentive rickker.
 
#6
If you have reached this far down the grievance process you need to bear in mind that strict time-limits apply.

You should have been briefed on this during the earlier stages of appeal etc.

To echo the above posts, it is imperative that you seek qualified legal advice as soon as possible if you believe that you've exhausted all other avenues of redress.

Tribunals rule on the balance of probability and apportion blame and compensation accordingly. This means that the case doesn't have to be proven absolutely for some redress to be awarded.

Don't get your hopes up though: unless you're a one-legged, black lesbian it's often difficult to score a life-changing sum!
 
#7
Flying_Dragon said:
I am concidering taking some kind of action along the lines of Industrial Tribunal can any one provide advice. Can serving solderiers take this kind of action!!!!!!!! :?:
You havn't been inspired by a recent case that saw £400K going to the upset person, by chance :?
 
#8
devexwarrior said:
Yes. If it is that bad you should be in receipt of legal advice. If you haven't had legal advice you probably aren't far enough down the chain of complaint yet.

Bear in mind-Ind Trib's rule on the LAW-not what (you think) is fair. They will only find in your favour if the organisation has broken the law or failed to carry out their legal requirements.

Above all else-you need legal advice.
are you sure? i thought that whilst serving, you could only go to employment tribunal in very specific circumstances - e.g. racial or sexual discrimination.
 
#9
.
taken from armynet - "Management of Soldiers" handbook for commanders:

On commissioning or enlistment, officers and soldiers relinquish some of the rights that they would enjoy as civilians. As such they do not have a contract of employment. Instead they have terms and conditions of service (TACOS) that specify how they are to be employed, how their careers will be managed, how they will be promoted, and how, for example, they will be remunerated.

? In forming these TACOS account is taken of employment legislation. Not all employment legislation applies to the Armed Forces. Exemption is only given, however, when a case can be made to demonstrate that operational effectiveness would be undermined by compliance with certain regulations. Thus regulations limiting hours of work or granting rights to part-time work are not applied to military personnel, although an attempt is often made to apply the spirit of such rules in peacetime. Regulations are in place for maternity, adoption, paternity, parental leave; working time and benefits available. Since there is no contract of employment there is no recourse to the civil courts in case of contractual dispute. This is dealt with instead by the internal complaints system given in AGAI Ch 70.
Complaints to an Employment Tribunal (ET)
? Service personnel may also take their complaints to a civilian ET for cases of:
Sex Discrimination.
Race Relations issues.
Equal Pay.
Religious intolerance (NI).
? Access to ETs is limited to these cases
. Service personnel may not take claims of unfair dismissal to ETs.
? Before submitting their case to an ET they must have sought satisfaction under the Army’s internal redress system. There is a strict time limit of
6 months from the date of the alleged incident to refer a case to an
Employment Tribunal.
https://www.armynet.mod.uk/club/navigate2.php?pageID=43747
 

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