Threat of tribunal yields victory for (TA) war veteran

#1
As an antidote to all that angst about the RAF typist's thumb, a result obtained by a TA Iraq veteran from his public sector employers:

Threat of tribunal yields victory for war veteran

Published 25/06/2007

A Territorial Army member who was injured while serving in Iraq has forced his employers to recommence paying his salary after threatening to take them to an employment tribunal, ic Teeside has reported.

Corporal David Corrogan, 47, of County Durham, was serving as a paramedic in 2003 when he tore the cartilage in his left knee.

Upon returning, he resumed his job as an ambulance technician with the North East Ambulance Service.

However, following a further injury at work he was reassigned to a job which he deemed unsuitable since it involved his having to carry heavy loads.

As a result, after just over half a day in the job, his injuries were aggravated and he found he was unable to continue.

He was also subject to a wage reduction from the £21,000 he had been earning to a salary of £12,000 for his new job.

However, following the threat of legal action, his employers have agreed to continue paying the new salary and will backdate it to March.

They are also to find Mr Corrogan a new position.
Source: Web Source (Solicitors)
 
#2
A good result for the lad but I do feel that the MoD have a duty of care in matters like this and should have been eligable for some of the mans salary.
 
#4
devilish said:
A good result for the lad but I do feel that the MoD have a duty of care in matters like this and should have been eligable for some of the mans salary.
The MoD can't spell duty and don't understand care!

Well done the man, but how typical that he had to sort it himself.
 
#5
Worth noting that the solicitors who acted for the TA soldier are the same firm who provide BAFF's personal injury claims service.
 
#6
ViroBono said:
Worth noting that the solicitors who acted for the TA soldier are the same firm who provide BAFF's personal injury claims service.
Not quite VB, you are correct in picking up the connection but I understand that said firm did not act in this case but picked up the item for their comprehensive legal news site.
 
#8
I always thought that anyone who is serving in the TA and were called up had the protection of their jobs automatic by the MoD,or is this another we lie that they are so good at telling those who volunteer for active service.
 
#9
The MoD can't spell duty and don't understand care!



They can spell it ok .... they just don't understand it in any way except "do as we say!!!"

Wnakers!!!!!
 

OldSnowy

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#12
TartanJock said:
I always thought that anyone who is serving in the TA and were called up had the protection of their jobs automatic by the MoD,or is this another we lie that they are so good at telling those who volunteer for active service.
TA Terms & Conditions of Service 101, in easy terms for those happy to spout off on a board like this while knowing feck all about the facts:

1. Job protection for Reservists is actually legally NOTHING TO DO with the MOD. It is covered by the Safeguard of Employment Act, which is 'owned' by the DTI (Or rather now by the Dept for Busines, Enterprise & Regulatory Reform......). In practice, SaBRE are the people to contact first if you have problems over this. The SoE Act is interesting - for example, it is illegal to dismiss anyone because of a call-out liability, amongst other things. It is Employment Law, same as every other bit of Employment Law. When you finish a period of Mobilised Service, amazing as this may seem, you then become a Civvy again, and have to look after yourself, like the rest of the workforce in the UK.

2. Be careful about complaining about "duty of care". This has, needless to say, a pretty precise legal meaning (Duty of care n. a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence) and that may not be what you consider morally to be anything to do with either Duty or Care.

3. PLEASE do not whinge about "lies that they are so good at telling those who volunteer for active service". You are just making yourself look stupid, both to other Reservists and Regulars alike. You should know the rules, and if you don't like them, then pish off and join the Salvation Army or something even less warlike, such as the Woodcraft Folk. If you aren't capable of understanding what you are letting yourself in for, then I doubt very much if the Army want you.
 
#13
Reading into the case above and not going down the 'MoD are cnuts' line it seems to me that the case was brought before the court as a DDA case, Discrimination againgst Disability Act.

Basically, an employer now has to find you comparable employment as you used to have (conditions of service, pention, wages etc) if through and injurt you are unable to continue in your old role.

Thing is, they was it was explained to me it they only have to do that for a (short) peroiod of time. IIRC it is either about 12 months or 3 years. Then it will be back down to £12k for him!
 

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