Taking Pay Issues to Civil Court (?)

Discussion in 'Army Pay, Claims & JPA' started by Chell118, May 15, 2007.

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  1. What the hell is going on in "Puzzle Palace" (APC)?

    I wish these people would sort our pay out, and prompt. My pay has been f888ed up now for 11 months. All I get is "Wait out on JPA, we are so busy"

    God this is so depressing. I've contacted (and nagged) my admin office, Soldier Magazine, APC etc - Still getting underpaid.

    Should I contact my local MP? Any advice on what to do next?????

    Ive heard in Civvi Street, if you're pay is messed up real bad (like mine!) you can take your employer to court............... I like the sound of that!
     
  2. Most ( if not all) "CIVVI " companies would not put up with paying incorrectly for longer than a month...
     
  3. I think that as a voter you have the same rights as everyone else to contact your MP, you just need to be careful how you word your letter - just lay out the facts and no slagging off individuals or the service as a whole? I am now six weeks retired and still not received a penny in pension or gratuity! Am sure it will all sort itself out :?
     
  4. far2young2die - Many thanks for your feedback, I totally agree with what you are saying. My admin office have tried to help out with this issue, but again, they don't seem to be getting very far either. It is not my intention to drop names etc.

    I'm annoyed that my pay is messed up and has been for 11 months. Eventually I will look forward to the backpay (taxed to the max though!) I have a mortgage which is my main concern and once this is paid, I find it hard to live on the rest of my pay (a rank lower than what I am!)
     
  5. you'll get taxed the same as if you'd had it monthly.
     
  6. As a subbie, my pay was monumentally f*cked up. And, as you'd expect everytime i tried to sort it out i was bounced from pillar to post.

    At the point of despair (i had a mortgage, which at the time appalled my OC"you can't afford it etc" who incidentally didn't own a property) i sent a memo to the RAO saying that it was totally unaccpetable and that i was taking independent legal advice through the family solicitor.

    Needless to say i was summoned to th CO given an almighty bollacking and told that if i proceeded through legal channels i'd be disciplined / charged.

    Naturally, as a foolish 2Lt scared sensless by the old man's threats, i didn't proceed, but (I suspect due to the CO's intervention) my pay was sorted instantly.
     
  7. now comming up to my 3rd month since re enlisting, and still not been paid at all, well my unit did give me £500 so i could send it home to my missus so she could feed the kids and pay the mortgage,oh and im still down as not serving.if this continues im going to go home and work and refuse to return to my unit untill its sorted.
     
  8. Slyfox,

    You have one of the most genuine cases that I have seen on this site. Your Chain of Command really should be helping you out. As they seem to be failing then you need to keep a note of all of your contact with them and the financial costs to you and submit a redress of complaint to recoup any interest on lost income or bank charges from the MOD. I think you have a good case.

    Please ensure that you continue to push this one - even when they have actually put you on the system and paid you your basic due. You are due much more than this and the implication of JPA is no excuse.

    Keep us updated.

    Hob
     
  9. To all those with pay issues..

    You have an employment contract with the army. Although the Army is quite a different employer than any in civvy street there is no legal distinction between the two contracts. A contract is a contract - a legally binding agreement between two parties.

    Part of your contract is that they pay you. If they don't you are quite within your rights to sue for breach of contract and the remedy (damages) you recieve will include all losses flowing from the breach. e.g. late payment penalties, overdraft charges etc etc. Furthermore the court can and probably would make an order for them to pay interest on the money that should rightfully have been in your possession, so your back pay would be even higher.

    Anyone who threatens you with disciplinary action is bluffing, there is nothing at all they can do to stop you taking legal action if they have acted unlawfully and you have suffered as a result. Human Rights legislation and jurisprudence is top of the legal agenda at the moment, they couldn't touch you.

    Just one proviso / warning. They couldn't touch you legally, or discipline within QRs or the Army Act etc. BUT.....the question is, how might it affect your next CR and ultimately how might it affect our career in the long run. Although having said that, if it does you have recourse to further legal action and probably a career foul complaint....hope this helps...
     
  10. i have decided that on monday morning im going to ask for what is owed to me in cash and use my 3 month re enlisters get out clause,i need to go back to uk and try to get my civvy job back before its gone in time to pay our bills and calm my missus down, the Army i left was not like this what a sorry state of affairs.
     
  11. Sly, have checked and there is no 3 month get out clause, you are continuing in service so go by those rules, ie 3 yrs service then years notice.
     
  12. Write to your MP. You may be serving but you still have rights as a citizen. If you are not happy to do this, get your wife to do it. After all, she is a civilian but this affects her as much as it does you.

    For what it's worth you appear to have been treated abominably and your CoC should be ashamed of themselves.

    Stick to your guns, document everything and don't give up.

    Good Luck

    Berlin
     
  13. [align=left]Thanks for all your comments and views here guys, appreciate it loads. So Far, I have done the following:

    1. Wrote to MP (Wait Out) :D
    2. Checked that I can sign off on 23 Oct 07 (bring it on) :D
    3. Applied for other jobs (and been offered loads too, so yeah, the grass can be greener!) :D
    4. Will approach my WO2 AGAIN to chase APC on Monday. :(

    I have worked out that the army owe me an extrs £254 a month. They have owed me this for the past 11, nearly 12 months. I am looking forward to the "taxed to the max" backpay, then a nice job in Civvi Street.

    No wonder so many soldiers sign off due to money problems. :x

    M
    [/align]
     
  14. Maybe not, but it is being used for most problems anyway.
     
  15. First if your pay is messed up the unit should advance you the money until it is sorted out; I have seen this done countless times in three different TA units.

    Secondly for your CO to rant at you is outrageous provided you had taken your claim to the Chain of Command i.e. if RAO useless interview with sub unit commander and if no good request interview with CO.

    Thirdly the army as a public body (unlike a civilian employer) is tied by the Human Rights Act 1998. Obviously a nuclear option, but it would be interesting to see an egregious case of inefficiency and laziness on the pay side being slogged out in the High Court. IMHO the court would be unimpressed with a policy (JPA) or delay argument due to inefficiency. At a first rough estimate I would moot Art 8 right to a private life (bit of a catch all) or Protocol 1 S1 right to enjoyment of property.

    Anyway I think para 1 is your best first bet. One geezer in my parent unit was not paid for 11 months and we advanced him over £2000. It comes from the public pot so it's not as if it costs the unit anything.

    Good luck!
    ET