Discussion in 'Current Affairs, News and Analysis' started by extrader, Dec 29, 2006.
The heart of the site is the forum area, including:
Does no para jumps mean no para pay after you go out of date. Hope not.
Yes - well it does at present
That will save Gordon a few bob.
I've been pondering over the legalities of this.
If an employer places you on a course and amends your pay to suit, you maintain your end of the bargain, ie the ability to parachute should the need arise......... Then you don't because of the fault of the employer I don't see how they can legally penalise you.
Depends. There are many blokes who are out of date who still get paid it. Sometimes the Brigade is so busy and with cancelations due to weather and lack of aircraft it's impossible to stay in date.
Porridge Gun I think that is definitely a good point. In addition as a public authority the Army is subject to judicial review and the human rights act. Thanks for the steer.
They will only stop your para pay if you haven't bothered your arrse in trying to get on a jump in the first place. You can fight the cessation if you can prove otherwise. So if it's the fault of the soldier then bye bye extra wad. If you turn up for synthetic training to lob and the jump is cancelled then you obviously had full intentions to jump.
Seconded - I have been involved in this before, and evidence of ground training and manifesting for jumps that were then aborted is usually enough for the CO to accept that being out of date is not the soldiers fault. If there is no evidence that the soldier took every possible chance to stay in date, then wave goodbye to your money.
Restraint of trade springs to mind given the bollox that has come out of the mod recently. I suppose it depends how long youve got on your card before you come out of the service though? Just like any civi contract in this bliar world we now live in.
Here's a thought, carry on with P Company after Jumps training has been stopped but award the wings to all who complete it providing they promise faithfully ( cross their heart and hope to die!) to jump out of a plane if the need arises. The promise can be renewed annually to qualify for Para Pay.
Surely this falls within the realms of the basic principles of Employment and Contract Law doesnât it?
The Armed Forces are not, as far as Iâm aware, exempt from either Contract or Employment Law.
Perhaps the precedent has already been made here by the reality that because of operational necessities and a distinct lack of aircraft, many Paraâs are already âout of dateâ yet are still being paid âjump payâ.
Seems the employer has already determined (correctly) that they are contractually obliged to continue and to maintain payment when the âbreach of contractâ occurs on the part of the employer?
The âleapâ to include this latest development is not a too difficult one (unless youâre MOD) as contractually the employer has arbitrarily altered the terms of the contract without consultation or agreement and in addition, they have already tacitly acknowledged their continuing obligations contractually by continuing to make the payments where Paraâs are âout of dateâ because of the aforementioned reasons.
In fact, there is another reasonable point of argument that could be waged here about a contractual failure that could be perceived as prejudicial to the serving soldier.
Some might consider it far fetched yet the possibilities exist. Those coming to the end of their service might reasonably argue that if they are âout of dateâ through no fault of their own, that their employer has unreasonably jeopardised their future employment prospects by unilaterally withdrawing or failing to maintain ongoing training and skills commitments.
Iâm sure some of the âexpertsâ in Employment and Contract law could have a field day with that one â Are MOD and the Armed Forces committed to the ethos of NVQ and IIP?
What about those who refuse to jump? Rare but I have seen it.
This was also a problem with soldiers that were injured parachuting and would not be able to jump for quite some time. This could take over a year until broken limbs had fixed and physio, Headley Court completed.
The admin office would be on the case straight away wringing their hands with glee at the prospect of clawing back the money.
We eventually had a sensible CO who told them to wind their necks in. As the soldier had been injured parachuting, he would continue to get the money until such time as the doctor said he was no longer able to continue in the role.
In Para Regt you have 2 choices.
1. Go hat
2. Go civvy
In an attached unit you'll just be binned from the airborne attachment you are with.
My understanding is that para reg soldiers and officers retain para pay even when posted to non para jobs- do they still need to remain current?
As an att arm I only got para pay when in the para role.
They usually have to maintain currency in order to keep the pay., but as always, exceptions occur.
Separate names with a comma.