Sacked- advice please

Discussion in 'Army Reserve' started by 762baynet, Sep 11, 2007.

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  1. A bloke in platoon has been in the TA for many years (well more than 10 anyhow) during which time he has completed 2 op tours. For camp this year he has completed a 1 week course and was due to instruct on a 2 week course last month. Due to an injury he has been off work and was unable to do his 2 weeks bit. The result was that he has been sacked from the TA. His weekend attendance has been good and there have been no issues with discipline etc...
    Has anyone else come across this situation? Can the CO do this without any form of consultation? What can he do?
  2. The_Duke

    The_Duke LE Moderator

    762, I doubt that he can be sacked, as he still has a lot of the training year left to run in order to get his efficiency cert. He may have been subject to a disciplinary interview if he failed to let anyone know that he was not able to attend.

    The above answer assumes that all of the facts are exactly as described here, and some other "incident" or failing is not the true cause of his dismissal.
  3. Thanks Duke, I know the bloke well and there are no other under lying issues behind it. Infact a number of blokes have been fired off however most of them have poor attendance records since returning from a tour. He, like the others had a letter in the post informing them of what had happened.
  4. The_Duke

    The_Duke LE Moderator


    There are fairly stringent procedures for getting rid of someone, either via the discipline or administrative action routes.

    It would be worth him checking that he is not the victim of a "cut and paste" error which is associating him with others who are failing to attend.
  5. msr

    msr LE

    TA Regs to the rescue:

    Chapter 5 (The soldier's bit)

    General Introduction
    a. General. Instructions on the procedures to be adopted for the discharge of all soldiers are given in paras 5.185-5.206. (See also Annex A/5.) Soldiers are to be discharged under the authority of the paragraph which covers the cause of their discharge. (See also para 5.184.)
    b. 3 Month Warning.
    (1) Before a soldier is discharged for failure to fulfil his training obligations without good cause (para 5.189), unsuitability or inefficiency, or failure of special to arm training (para 5.192), or persistent misconduct or inefficiency while subject to military law or other misconduct detrimental to the TA (para 5.202), he is to be informed of his shortcomings by the commanding officer and warned, in writing, that if his attendance at
    training, efficiency, training standards or conduct (as appropriate) does not improve within 3 months, he will be discharged from the TA. (If feasible, the soldier is to be internally cross-posted to another sub-unit under
    the same commanding officer from the commencement of the 3 month warning.)
    (2) Exceptionally, in the circumstances described in para 5.202d (2) this warning need not be given.
    (3) 3 months in a TA unit will invariably be insufficient time to allow a soldier to show that he has overcome his failings. A commanding officer may therefore impose further 3 month warning periods consecutively.
    (4) The soldier is to sign the written warning in acknowledgement. The issue of the written warning is a mandatory requirement and the soldier’s discharge under paras 5.189, 5.192 or 5.202 will not be authorized
    unless it has been given.
    (5) If a soldier fails to achieve a satisfactory improvement within the warning period and a further 3 month
    warning is not imposed, the commanding officer is to ensure that discharge action under paras 5.189 or 5.192
    (if appropriate) is completed or, if discharge is to be effected under para 5.202, procedures laid down under para 5.202 are initiated without delay. In all cases TA & Res MCM Div is to be notified within 7 days of the
    end of the warning period (by signal if necessary) of the commanding officer’s intentions. If notification of intention to discharge or to impose a further 3 month warning is not despatched to TA & Res MCM Div
    within 7 days of the end of the warning period, the warning period is deemed to have lapsed and no discharge action under paras 5.189 or 5.192 or action under para 5.202 is permissible. All notifications by signal are to be confirmed by letter within 7 days.
    (6) A copy of the signed warning and any subsequent consecutive warning is to be sent to the TA & Res MCM
    Div. These copies are to be retained unless the soldier is notified that the unit does not intend to proceed with discharge action under paras 5.189 or 5.192 or to initiate action under para 5.202.
    c. Appeals against Discharge. Soldiers who are to be discharged under paras 5.189, 5.192 or 5.202 are to be AGAI, Volume 2 Chapter 70.)
    reminded of their right to appeal against discharge. (See para 3.086 and

    You can get this from armynet.

  6. Cheers all, info relayed and greatly appreciated.