Threat of tribunal yields victory for (TA) war veteran

Discussion in 'Current Affairs, News and Analysis' started by hackle, Aug 15, 2007.

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  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:

    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.
  3. HA! HA! HA!
  4. 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. ViroBono

    ViroBono LE Moderator

    Worth noting that the solicitors who acted for the TA soldier are the same firm who provide BAFF's personal injury claims service.
  6. 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.
  7. ViroBono

    ViroBono LE Moderator

    I stand corrected, in that case!
  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!!!"

  10. HA! HA! HA!

    You guys crack me up, you really do.
  11. excellent result!
  12. OldSnowy

    OldSnowy LE Moderator Book Reviewer

    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!