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Old 17th November 2007 | 08:37
  #14 (permalink)  
Green Bottle 2
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Joined: Aug 2002
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From: UK
Firey X,

I don't think the European Law will help on this one at the moment. You cannot compare standard employment rules to our situation - when we choose to work for the Crown, they have you by the short and curlies. Essentially you are not in a contract - the Crown can at any time change the terms and conditions and you have no recourse - you can't even leave if they want to keep you. As it is, in the interests of fair play Her Majesty graciously allows you to leave within the term and conditions that have been set - essentially a covenant between HM and the Mil.

The fundamental difference between ordinary jobs is that they cannot force you to work even if you have contracted to do a job; an employer could sue for breach of contract and you may have to pay damages, but he cannot use the law to force you to do the job. The military on the other hand can force you to work and chuck you in jail if you don't comply. They can do this legally as we are not employees, but Crown Servants.

Looking to European Law, there is a case going through at the moment relating to the employment status of a police force in, I think, a Scandinavian country. It could set a precedent for all public servants across the EU including the UK military. I can't remember the exact details.

All of the above came from a Lawyer who is expert in mil law.

GB2
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