Injury is stopping promotion, is it legal?

Discussion in 'Army Pay, Claims & JPA' started by Lordfelcher, Apr 12, 2005.

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  1. I am permanently downgraded due to a knee injury from a skiing accident. Recently I attended a career course which is a pre-requisite for further promotion, the course lasted nearly six months. The last 3 weeks of this course has a bit of a physical element to it and although I was hampered with my injury, i managed to get through it.
    The DS decided that my injury was a problem and promptly failed me! This means that i am not qualified to get promoted and my CR will probably reflect this and i will not be promoted.

    How does this situation stand up legally? Im thinking along the lines of the disability discrimination act etc. I am seriously considering taking this to court and filing compensation claims.
  2. Lord, you have a very good case here. In my corps, you are allowed to do the career courses without the physical element, if you are temporarily downgraded or if you are a permanently downgraded, this does not effect the indiviuals promotion prospets. However, I do not know if this is the case Army wide, Goodluck anyway :roll:
  3. Lord F,

    Is it only the phys that caused you to fail or were you already on shaky ground? I would counsel caution if you actually failed the course regardless of the physical part.

    What does your course report say about your injury and your performance up to the physical aspect?

    I would also question how you got a Fit To Attend certificate for a physically demanding course if you are permanently downgraded.

    More facts needed, maybe, for additional advice.

    If you are commissioned, which it does not sound as if you are, you should be aware that in order to change your commission typ eyou must be FE (unless there are exceptional circumstances).
  4. Barbs,
    The course is physically demanding due to the use of breathing apparatus, so a fit for course was issued on the the back of passing a peak flow test. As you rightly guessed Im not an officer.
    On the course debrief i was informed it was due to physical limitations so i spoke to the course sponsor in order to find out more. When the DS found out i was not prepared to let it lie, they immediately put top cover up and basically said that it be wrote up as failing on technical issues.
    Now that i could live with, but there are 3 points that are really gripping my shit. The week before test week, i returned to the classroom to collect some books for a bit of revision and i basically overheard the instructors in the office disscussing that there will be no way i would be allowed to pass. Secondly on my debrief, i was informed that only one person had actually passed and the course had been re marked under ATRA policy until enough points had been found to pass the sufficient number of people.
    And lastly officers attend exactly the same course but they dont actually have to pass it. This is because if they fail they have to be interviewed by a Brigadier or so im told.