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Thread: Is this Fair?
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Old 8th Mar 2011, 14:34
  #11 (permalink)  
sarboy w****r
 
Join Date: Mar 2003
Location: UK
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ExFJ85,

I'm very sorry to hear of your troubles, it can't be any fun at all. In answer to your question, and to reiterate what others have said, there's no point asking for unqualified opinions such as those you will see being bandied around PPrune, however well-intentioned they may be; such opinions are not going to dig you out of the hole you find yourself in at the moment.

When I was looking to leave, I looked long and hard at the law as it stood (I believe the relevant statute is the Employment Rights Act 1996, but I believe it has been amended since then). When you do so (use Google), you will notice that the military is exempt from large parts of the Act - so beware people quoting rights that exist for civilians and saying that this is what you're entitled to, because these supposed 'rights' may or may not apply to you. Fair? No. Legal? Yes. Which is particularly galling if you find that the law appears to favour the military and seems to go against natural justice, but sadly that is the way of the world.

I know a number of lawyers personally, and I know of none that will take on military personnel disputing employment issues, mainly because the military can often change the rules as it sees fit, c.f. royal perogative. Your best bet I think is to consult with a specialist employment solicitor (and I expect that the first consultation may be free). Just think long and hard before committing to a legal process, because like divorces, there is likely to be only one winner in the end. And that's the lawyer.

That said, I know there are sadly a number of you in the same position, so clubbing together to get an initial legal opinion may well be something you may wish to investigate, and if a solicitor feels that your case has some merit then initiating some form of class action may interest them enough to take it on on a no-win no-fee basis. It can't hurt to ask, but ask a professional.

SBW
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