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Sacked reservists employer prosecuted

#1
http://news.bbc.co.uk/1/hi/england/shropshire/4762543.stm

£750 quid fine for breaking the RF employment laws!?! £986 compensation for the soldier. To a small company it may be a significant amount but to many it is little more than a slapped wrist, if that. I doubt it will discourage many of the larger organisations, although I guess fines could be increased in scale of salary lost, size of the business, and whether it is raining outside.

As Mr Wright enlisted in the TA before 1 April 2004, he did not have a legal obligation to tell his employers he had joined.
Interesting point there, apparently we don't legally have to inform our employers of our reserve forces commitments if we joined before April 1 2004.
 
#2
TA_sig said:
http://news.bbc.co.uk/1/hi/england/shropshire/4762543.stm

£750 quid fine for breaking the RF employment laws!?! £986 compensation for the soldier. To a small company it may be a significant amount but to many it is little more than a slapped wrist, if that. I doubt it will discourage many of the larger organisations, although I guess fines could be increased in scale of salary lost, size of the business, and whether it is raining outside.
It's petty cash...

msr
 
#3
TA_sig said:
As Mr Wright enlisted in the TA before 1 April 2004, he did not have a legal obligation to tell his employers he had joined.
Interesting point there, apparently we don't legally have to inform our employers of our reserve forces commitments if we joined before April 1 2004.
Not quite, it becomes compulsory on re-engagement so all non commissioned personnel will be committed to EN by 1 Apr 2007.

http://www.en.mod.uk/output/page196.asp
 
#4
But I agree with msr, £1736, of which the soldier sees only £986 is absolutely f all. Anyone sat at the MOD thinking this is a victory for the protection of reservists needs to be kicked down Whitehall.
 
#6
What we do not know in this case is the cost of legal fees that were also paid? Who brough the prosecution presume it was CPS as it was criminal not civil case.

It is a shame the individual did not have a years service as he could also have gone down an unfair dismissal road and in my experience would have stood to win £5-7000 much more than he will ever get under FRA but that is nothing to do with being a reservist. Let us hope this story gets buried so others do not get the idea they can get awy with it.

Clearly this demonstrates that the legislation is without teeth and was waved as a sop for us, in reality its a typical fudge to try to appease both sides but reinforces the imbalance in favour of employers (both govt and personal).
 
#7
Sack_them_all said:
It is a shame the individual did not have a years service as he could also have gone down an unfair dismissal road and in my experience would have stood to win £5-7000 much more than he will ever get under FRA but that is nothing to do with being a reservist.
No he couldn't. On what grounds?

Sack_them_all said:
Clearly this demonstrates that the legislation is without teeth and was waved as a sop for us, in reality its a typical fudge to try to appease both sides but reinforces the imbalance in favour of employers (both govt and personal).
This we can agree on ;)

msr
 
#8
Sack_them_all said:
Let us hope this story gets buried so others do not get the idea they can get awy with it.

Clearly this demonstrates that the legislation is without teeth and was waved as a sop for us, in reality its a typical fudge to try to appease both sides but reinforces the imbalance in favour of employers (both govt and personal).
We can hope that not too many employers get hold of it but it should not be buried in TA and MOD circles. TA personnel need to know exactly the situation they are getting themselves into and the (lack of) protection they can expect. The MOD should have this waved in their face repeatedly until they change the legislation.

This government is so keen on changing legislation rather than properly funding areas of government - well here's a case where you can re-legislate and it will make a difference at no financial cost, surely the financially oriented new SoS would jump at the chance?
 
#9
Blyth_spirit said:
But I agree with msr, £1736, of which the soldier sees only £986 is absolutely f all. Anyone sat at the MOD thinking this is a victory for the protection of reservists needs to be kicked down Whitehall.
I would agree too, but are they taking into account that he only worked for them for 5 weeks? I suspect they are.

I know to some that doesn't matter; security of a job to come back to after a tour must be an incredibly important morale factor at times.
 
#11
I've been saying it for years.

RFA is useless - anyone that thinks it will protect them is 'off with the fairies'. It is merely a 'front' to circumnavigate Queens Order 2, and has little or no real protective value to the TA soldier. Apart from the poor compensation, there are numerous means by which an employer can wriggle out of this - restructuring in the employees absence for example. Furthermore, it places little or no real responsibility or cost on the MOD/Army.

'Look....The emperor has no clothes on!'
 
#12
Blyth_spirit said:
Anyone sat at the MOD thinking this is a victory for the protection of reservists
The MoD are the worst offenders.

***Grumbles into his morning brew***

Edited to add: I meant the MoD are the worst offenders at not having jobs for their reservists to return to.
 
#13
StabTiffy2B said:
Blyth_spirit said:
Anyone sat at the MOD thinking this is a victory for the protection of reservists
The MoD are the worst offenders.

***Grumbles into his morning brew***
C'mon chaps - wake up and smell the morning brew - the MOD KNOWS all of this - it doesn't care! - in fact, it is working out almost exactly as they had hoped.

Mandatory call up powers with little or no risk!. A fantastic achievement by Whitehall and theTA fell for it (although some of us didn't). I can't believe that people are only now (9 years later) beginning to realise.
 

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