Theoretically you are right, however there are two major "get out's" and I'm afraid that they are self inflicted! First, your Lords and Masters have voluntarily waived your rights for you, secondly, have a good read of your commissioning scroll and see just what you signed up to!
Are these the same rights that were waived on behalf of pregnant servicewomen or homosexuals? Or the rights to a fair hearing by an independent and impartial tribunal established by law in the cases of Findlay vs United Kingdom, Thompson vs United Kingdom, G.W. vs United Kingdom, and Le Petit vs United Kingdom, in which the MOD were in breach of Article 6 of the HRA? Or the rights of the ex-RAFP who took £30,000 at an employent tribunal, or the rights of the 3 Gurkhas who were prevented from claiming WW2 compensation?
MoD does not have a good record of trying to waive the rights of its personnel! True, they win the odd case now and again but endemic attempts at penny pinching and personnel management measures that still hark back to the 1950s cost MoD dear on a monthly (perhaps weekly) basis!
Sadly my commissioning scroll is anachronistic - doesn't mention Blair or Hoon anywhere!
