Return of Service????

[flyboy007]

I'm sure this topic has been done before somewhere, but to settle an arguement, can anyone definitively say that they know someone who has been released, prior to their return of service obligation is up, for no reason other than they want to?? Eg. through the whole European court route etc?Any answers would help settle a drunk debate.

Cheers, Happy New Year.

FB

[Mikehegland]

Yep, I know 3.....

Return of service is illegal and cannot be used to force people to undergo training or commitment.

Of the 3 people I know one was out side in 10 months, one in 9 months and recently a friend was offered a job with Rolls Royce and was oputside within 6 weeks and he had only just returned to the front line having just finished QHI course.

[Mosspigs]

I know of only 1 that was allowed to leave after a sabbatical at a legal firm where he then challenged the Army and never came back.

Myself and 2 others I know were promptly told that Returns of Service are very legal and very enforceable so long as when you sign that little piece of paper, you understand what is meant by it. Those are the words of a specialist employment lawyer not me.

Several cases have gone before the European Court of Human Rights and the only 2 that fell on the side of the Armed Forces were related to Pilots wanting to leave prior to their ROS.

That is not to say however that you can't transfer to different parts / services within the Armed Forces. The ROS is to the crown and not a particular service.

[flyboy007]

Ouch, mixed results!! To try or not to try...?!?!

Cheers boys

[JessTheDog]

I heard somewhere (can't remember where) that a tour or posting could be viewed legally as a short term contract and, if you were wishing release after the "contract" expiry date (ie tour expiry) but before the completion of ROS or waiting time date, then you may have more of a case. I'm not a lawyer, but it does not sound unconvincing.

[bakseetblatherer]

:cool: I am on my way to NZ about 2 years before my return of service is due to expire. They seemed to be quite keen to be rid of me. Then again I was an F3 Nav ........
Enjoy the long dets, stupid hours and lack of family life you suckers!;)

[artyhug]

Hah, my suspicions are at last confirmed as your mask of anonymity slips.....

Congrats to you and Mrs Blatherer on number two by the way.

I shall have to come visit for some sunshine...:cool:

[Climebear]

I would be interested to hear the legal basis of your arguments that ROS is illegal and a tour is a short-term contract rather than rumour control (albeit that this is a Rumour Network some facts could be useful).

You may wish to see this thread:

http://www.pprune.org/forums/showthread.php?threadid=154576

TOS for airmen is enshrined in legislation (RAF Terms of Service Regulations are a statutory instrument). I am sure similar applies to ratings and soldiers.

Officers are employed under Royal Patronage; this is not subject to a lot of employment legislation. Although unusual, it is not unique to the Armed Forces. Judges are also employed under Royal Patronage. As such any solicitor/barrister should at least know that Royal Patronage exists and what it is subject too.

[Mikehegland]

Of course the easy way to do it is to hand in your flying badge.

A colleague has done that recently and it worked a treat. The lords and masters cannot force you into the seat of the aeroplane and if you claim that it frightens you and makes your ears go pop..... then yr on your way... regardless of R.O.S

[FFP]

May not help with any subsequent Airline applications though . .. :p

[Mikehegland]

Very true...BUT if your scared of flying then I would be surprised to see you in the line to see Mr Branson...

[JessTheDog]

Officers are employed under Royal Patronage; this is not subject to a lot of employment legislation. Although unusual, it is not unique to the Armed Forces. Judges are also employed under Royal Patronage.

The judiciary threatened a mass walkout if their pensions were messed with, and this seemed to work. Aahh, if only....