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Army Workers May Need to Assert Legal Rights

Tuesday February 15, 2011 at 11:35am

I read that the Army has apologised after a reported 38 soldiers learned they were losing their jobs by e-mail.

The Sun said the men - all long-serving warrant officers and including one serving in Afghanistan - were told they were victims of the defence cuts with the soldiers each received a message giving them one year's notice and advising them to "start planning your resettlement".

Not surpising that this news got out.

To some extent the Army have limited legal rights; They do not have the right to claim unfair dismissal.

A dismissal by email would clearly indicate that the dismissal was unfair.

Nevertheless the Army does have to go through a procedure which will select by trades, branches, ranks and length of Service. Only officers and soldiers who fall into the redundancy field will be notified and considered for selection.

The question will be whether the process has been fair, which is similar though probably not as legalease as going through a standard redundancy challenge.

But what can these army workers do?

According to an Army Briefing Note, applicants who are not selected for redundancy and non-applicants who are selected for redundancy may appeal to the single Service Appeal Boards.

Those who appeal will be expected to demonstrate exceptional circumstances that were not known to the selection board at the time of the selection. They may seek support from their chain of command if they wish.

If this does not work, they may make a Service Complaint.

Justin Patten, Employment Solicitor

» Categories: Employment
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