Liabilities once departed - anyone know ?

Discussion in 'Army Reserve' started by One_of_the_strange, Aug 12, 2004.

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  1. Well, following time honoured tradition someone brought up a question and no-one knew the answer - so I'm asking here to see if any of you chaps do.

    Simply, what liabilities for recall (if any) do TA soldiers have once they leave ?

    Is is different for ex-regs who leave compared to those whose service has been wholly with the TA ?

    Does it matter whether you serve to the end of your contracted period or just drop your kit off one day ?

    And while there is a period prior to mobilisation during which you can't leave - what is it ?

    Thanks in advance.

    PS No hidden agenda here for "a friend", just like to know where we stand.
     
  2. Simply, what liabilities for recall (if any) do TA soldiers have once they leave ? ---- None at all

    Is is different for ex-regs who leave compared to those whose service has been wholly with the TA ? --- I would have thought their reserve liability would remain or be reinstated

    Does it matter whether you serve to the end of your contracted period or just drop your kit off one day ? ----- As long as you sign off, your contract is terminated

    And while there is a period prior to mobilisation during which you can't leave - what is it ? ----- I believe you could leave at any time, so its possible if you get warned off you could leave before your papers turned up. I'd expect some hassle from colleagues/unit if you were going as a unit but most of us don't do that.
     
  3. msr

    msr LE

    I was of the understanding that you are liable until the end of your contract whether or not you have handed your kit in..

    Either way, leave it with me and I'll look in TA Regs on Tuesday.

    msr
     
  4. well it not quite the case of handing your kit in and walking away as we had
    a guy taking over from us who had done that several months ago and
    wasent to happy about ending up on the gate in basra but what the period is i dont know
     
  5. Hope his PSAO/OC got a rollocking over this, I reckon quite a few (sub?)units try to do this tho i.e. getting the kit back but not terminating their contract so they still appear on their strength.
     
  6. One final question that I forgot, can you be mobilised for (say) six months if you've only got (say) a month to run on your contract ? Can they extend your service involuntarily ?
     
  7. I may have dreamt it but I'm sure that I read in TA Regs (or somewhere) that there is a reserve liability even if your contract has expired. I'm not certain about soldiers but a figure of 5 years for officers is springing to mind. Like MSR, I'll dig out TA Regs /RFA 96 and have a look.
     
  8. msr

    msr LE

    Oots,

    You clearly have too much time on your hands :wink:

    msr
     
  9. Yep think ur right I was talking about ORs.
     
  10. To be liable for call out under the Reserve Forces Act you need to be a member of the Army Reserve or the Territorial Army, or be a "long term reservist" (or a member one of the other reserve forces). You are a member of the TA until you have been discharged or the expiry of your enlistment.

    TA soldiers do not become members of the Army Reserve or acquire liability for call out as "long term reservists" after they cease to be members of the TA. That is a privilege reserved (excuse pun) to ex-regular soldiers and to regular and TA officers :

    So the answers to your first two questions are as follows. First, once a TA soldier leaves the TA (ie, is discharged) he has no liability for recall. The position is different for TA officers. I do not know for how long they are liable. The position is also different for ex-regulars, who are automatically subject to liabilty for recall when they are discharged.

    I know you'll be disappointed by that news.

    Yes. Unless you have been discharged or your period of enlistment has expired you are still a member of the TA and liable for call-out. Just dropping your kit off won't do.

    My Evil minions could find no outright answer to this question. Dr Evil reckons that the position is this: You can apply for discharge at own request at any time. However, if a call-out notice has been issued to you and you are still subject to it (in other words, if you are still in your period of mobilisation) then your request is likely to be denied at least until the end of your period of mobilisation. So if you are planning on applying for a discharge, best to do it before the brown envelope arrives! That said, your unit will probably drag their feet about discharging you if they know your call-out is imminent (this happened to a fella in my unit).

    Yes, you can be mobilised even if your "contract" is due to run out during the period for which you are called up. They will simply postpone the expiry of your term of service.

    Your entitlement to be released may be postponed any number of times, as it says above, but there is a limit. How long that limit is depends on the reason (and so the legal power) under which you were called up.

    If you were called up for "warlike operations" then the limit is twelve months, while it is only nine months if you were spammed because it appeared "to the Secretary of State that it is necessary or desirable to use armed forces on operations outside the United Kingdom for the protection of life and property or on operations anywhere in the world for the alleviation of distress or the preservation of life or property in time of disaster or apprehended disaster."

    Mobilisation for Iraq would still be for "warlike operations", I am pretty sure, and so the limit would be twelve months.

    Note that all of the above advice is based on publicly-available sources (the Reserve Forces Acts, principally). Dr Evil, modest just this once, is willing to stand corrected if anyone can quote chapter and verse from sources such as TA Regs or the bumf that comes with the call-out notice (although both Regs and bumf must comply with what Parliament has said the law is).
     
  11. We were told 3 months
     
  12. FBW

    FBW Old-Salt

    Found out at chillwell a few years back that even ex regs in TA still have a liabilty for call up as reg res (bloody scarey eh) it just depends where your most needed, TA Trade or Reg Trade
     
  13. By whom and on what basis? Sounds like a case of someone making the rules up as they go along, that does.
     
  14. That's right - otherwise ex-regs who wanted to absolve themselves of their liability for call up as Army Reserve or long-term reservists would join the TA for a couple of weeks and so be purged.