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Old 16 October 2006, 07:31 PM
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Albert47
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Default British Army and European Law

Could somebody help with this question.

I have a friend in the British Army. He has recently returned from overseas operartions. He called me for a chat the other night as not seem him for 6 months.

He started work again last week. He told most of his unit are still away on operations and exercises, due to the fact the forces are under manned and over commited.

Now he has to cover all other duties back home at his unit. He said he was working from 8 in the morning untill at least 10 at night, Monday to Friday. Thats 14 hours a day for 5 days = 70 hours.

I asked if it was legal and said i would try and find out. As he didnt know and was keen to know as he had not thought of it.

I thought all british employers came under euorpean law and the max working week was 48 hours. Surely the the British Army or the British forces are not exempt this rule. They could exploit there service personnel untill they all dropped dead.

If anything happened after the 48 hours point then surely the insurance would not cover the person or the company.

Could some help me out with this one or point me in the right direction.

Adam
Old 16 October 2006, 08:08 PM
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Nido
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You can opt out of the 48 hour week in the private sector anyway, as most do in jobs that need occasional extra hours.

I'd imagine that being in the armed forces comes with some kind of opt out already in? "sorry lads, not off to the front line today, me 48 hours are up"

Last edited by Nido; 16 October 2006 at 08:13 PM.
Old 16 October 2006, 08:11 PM
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We are still at war effectively, have to do the hours. Hopefully when off they'll get time off although I read they're all getting £2,500 from the govt!!

Imagine WW2 if loads of soldiers said, sorry I've worked 48 hours this week, I'm off for the next 3 days
Old 16 October 2006, 08:20 PM
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rob878
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The term used to get opt out the 48 hour week is "operational necessity". we operate a 48 hour week when it suits the type of work we are under taking. IE in the RAF guys working in a hanger will usually work a 48 hour week, however if more jets are required for the frontline sqns we work longer due to "operational necessity". The front line Sqn i was on never worked a 48 hour week. It was an "operational sqn" hence everything was an "operational necessity", therefore more hours to achieve the tasking.

The MOD have to abide by Civilian law, but getting your mate to speak to someone like Blades military soliciters might help him.

Last edited by rob878; 16 October 2006 at 08:23 PM.
Old 16 October 2006, 08:49 PM
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Albert47
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Sorry lads I meant at his unit, back home.

In peace time after his 6 months in Iraq.

I realise that on tour he worked all hours god sent, but that was away on a operational tour.

Surely he cant work the same hours back home.

operational necessity how would it be "operational nessity" by doing duties and other non-important work.

Adam

Last edited by Albert47; 16 October 2006 at 08:54 PM.
Old 16 October 2006, 09:01 PM
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rob878
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Originally Posted by Albert47
Sorry lads I meant at his unit, back home.

In peace time after his 6 months in Iraq.

I realise that on tour he worked all hours god sent, but that was away on a operational tour.

Surely he cant work the same hopurs back home.

Adam
Depends what work he is undertaking, if he is doing excercises to prepare for another tour somewhere sandy, then his bosses could reasonably say that as it is for an operation and therefore a legitimate request to work the excess hours.

As the armed forces get smaller and smaller, and our tasking grows, there will be an increase in working hours (there already has been). As no career minded NCO or officer is going to say to their Boss (Annual report writer) "no Sir i'm afraid that can't be done". The british armed forces are renowned for their can do attitude which is exactly why we are finding ourselves in the sh*t at the moment. The number of sevice peope are cut back but because no one wants to be seen to fail, we just work harder and longer to acheive the results required/
Old 16 October 2006, 09:05 PM
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Mitchy260
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The military are exempt from the 48hr working week.

Some soldiers do 15-16hr days 7 days a week.

That is 105-112hrs per week
Old 16 October 2006, 09:07 PM
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rob878
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Originally Posted by Mitchy260
The military are exempt from the 48hr working week.
Not in all situations
Old 16 October 2006, 09:12 PM
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Mitchy260
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Yes they are, name 1 circumstance where the situation would arise for a member of the armed forces not to be able to do more than a 48hr working week.

Ie a normal guard duty on a british military camp lasts 24 hours, that is 24hrs in 1 day! Thats leaving 24 hours left for the whole of the week! Now if he gets this duty at the weekend, he's done 24hrs before the week has even started! He'll still do his 9-5 job monday to friday and possibly more if he is due on exercise etc
Old 16 October 2006, 09:22 PM
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Mitchy260
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The military is all different, they even breach human rights for their policy of intention to leave!

As a normal ''civvy'' human european rights law states that you give notice of how frequent you are paid. Ie paid weekly, give a weeks notice, paid monthly give a months notice! In the military you must give a years notice!

Simple things like getting a jail sentence, in the military you can be jailed for not turning up to work, ie going awol! As a civilian you will not be put in jail simply for not turning upto work!

This again is against human rights, it states no where anywhere that a person may be jailed and have his privelages restricted by simply not turning up for work!

The military get away with it though, they cover up murders and they are corrupt as hell. They are a powerful business and no-one has the ***** to take these kind of issues to the european human rights courts!

Oh i have just left the military around 2 months ago now! I wanted to leave before my years point as i had been guaranteed a job. I threatened with lawyers as i stated all this but no lawyers would take my case on, so i grit my teeth and served the rest of my years notice. It worked out well though to be honest as i am receiving double pay for 3 months, my military pay along with my new jobs pay!

I couldnt find a lawyer that would take the case on, even 'specialised' military lawyers! And then how much would it have cost me along with how long would it have taken. These decisions dont happen over night. It was something i was not prepared to fight, nor will a lot of other soldiers/airmen/sailors! They just have to bite the bullet and get on with it!

Although i have heard of people doing this before me and succeeding with it as the army have gave in at the final moment due to the publicity it would receive along with probably losing the case!

As to a 48hr military week going through a court, not a hope in hell!

Last edited by Mitchy260; 16 October 2006 at 09:28 PM.
Old 16 October 2006, 09:22 PM
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rob878
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Originally Posted by Mitchy260
Yes they are, name 1 circumstance where the situation would arise for a member of the armed forces not to be able to do more than a 48hr working week.

Ie a normal guard duty on a british military camp lasts 24 hours, that is 24hrs in 1 day! Thats leaving 24 hours left for the whole of the week! Now if he gets this duty at the weekend, he's done 24hrs before the week has even started! He'll still do his 9-5 job monday to friday and possibly more if he is due on exercise etc
Actually a normal guard duty on a RAF camp is 12 hours a day so stop big balling it.

Techies usually can't work more than 3 twelve hour shifts in a row. Herc sqns have had cases of guys at lyneham after AF'ing 4 hercs saying they can't do anymore, and legally the RAF can't force them to do anymore.

I personally worked 12 hour shifts for 3 months during Telic one, but that is nowhere near the norm and to say otherwise is just B*llx

Now i work in a horrible hanger and we only work 48 hour weeks, we aren't operationally declared therefore don't have to work anymore. However if we need to provide more `frames then the hanger will work longer hours.

It's just a case of if you work on critical equipement ie aircraft due to leaving school with more than your pencil case then you need the time off to recover.
Old 16 October 2006, 09:26 PM
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rob878
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Originally Posted by Mitchy260
The military is all different, they even breach human rights for their policy of intention to leave!

As a normal ''civvy'' human european rights law states that you give notice of how frequent you are paid. Ie paid weekly, give a weeks notice, paid monthly give a months notice! In the military you must give a years notice!

Simple things like getting a jail sentence, in the military you can be jailed for not turning up to work, ie going awol! As a civilian you will not be put in jail simply for not turning upto work!

This again is against human rights, it states no where anywhere that a person may be jailed and have his privelages restricted by simply not turning up for work!

The military get away with it though, they cover up murders and they are corrupt as hell. They are a powerful business and no-one has the ***** to take these kind of issues to the european human rights courts!

Oh i have just left the military around 2 months ago now! I wanted to leave before my years point as i had been guaranteed a job. I threatened with lawyers as i stated all this but no lawyers would take my case on, so i grit my teeth and served the rest of my years notice. It worked out well though to be honest as i am receiving double pay for 3 months, my military pay along with my new jobs wages
You did have written job confirmation? if so they can't keep you in. My hanger has lost 3 good guys who have walked in with written job confirmations only to be told by PMA that they couldn't leave. The Boss got on the phone told them he would run a man light, that didn't help, so a letter from Mr Blades had the guys handing in their ID's in 2 weeks.
Old 16 October 2006, 09:38 PM
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Mitchy260
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Rob i am big balling nothing, i served 7 years and never once done a 12 hour duty! Every guard duty lasted 24hrs long!

Difference between RAF and Army there eh

Oh and i am a techie, an apache aircraft technician who has worked 100 hr weeks, not on a weekly basis granted, but the amount of exercises i have done within the UK working 100+hr weeks over the last 4 years are in double figures!

Again difference between Army and RAF

Normally my working week was 0830-1630 monday to thursday with 0830 -1200 friday! And near enough every wednesday afternoon was a ''sports'' afternoon meaning a working week of around 25hrs!
Old 16 October 2006, 09:42 PM
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Mitchy260
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Rob, i was accepted for the job and yes i did have written confirmation of it! A formal job offer 6 mths after signing off!

I went to see my CO along with 2 others who had also been offered the same job with westlands helicopters and was told we had no chance of leaving early due to ''manpower issues''

My unit had just deployed to Afghanistan and there were only a handful of technicians left on camp that could service the remaining apache helicopters! With 3 of us out of the 8 left wanting early release, the CO said no. It went upto a 'bigwig' brigadier in Glasgow and he also said no due to manning issues! Glasgow as you know are Army's main headquarters.

As to saying the RAF cannot tell you to work more than 48hrs is bollocks mate! What would happen to you if you went upto your boss and said i am not working as i am tired? You would be frowned apon and it would more than likely affect your years review, perhaps affecting promotion!

I know the way the military is run buddy Full of **** jockeys and arseholes that use the lower ranks ''us'' as stepping stones to make themselves look good in order for promotion! I was a full corporal after only 3 years but that was down to being a specialist trade. Luckily i have seen sense and packed it in!

And thats the reason why so many people leave! Corrupt as hell!

Last edited by Mitchy260; 16 October 2006 at 09:55 PM.
Old 16 October 2006, 09:52 PM
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rob878
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Originally Posted by Mitchy260
Rob i am big balling nothing, i served 7 years and never once done a 12 hour duty! Every guard duty lasted 24hrs long!

Difference between RAF and Army there eh

Oh and i am a techie, an apache aircraft technician who has worked 100 hr weeks, not on a weekly basis granted, but the amount of exercises i have done within the UK working 100+hr weeks over the last 4 years are in double figures!

Again difference between Army and RAF

Normally my working week was 0830-1630 monday to thursday with 0830 -1200 friday! And near enough every wednesday afternoon was a ''sports'' afternoon meaning a working week of around 25hrs!
Oh don't get me wrong i appreciate that i went to the easier recruitement desk in the AFCO. I have it even easier than my mates who ended up on H force, and i constantly look over my shoulder incase my text jibes of "i check in not dig in" towards my mates in wokka land eventually catch up with me. . Years on fast jets have left me with an instant appreciation of hotels and a hatred of tents.

On a technical side how did you reme boys (or Army Air Corps) cope with the avionics side of the Apache. As far as i have been led to believe by my fairy light worshiping brethren as you army guys don't have direct avionic trade training this kind of caused problems with it's introduction.

Infact i remember 2/3 years ago at leuchars Ex Celtic WArrior i think i remember seeing more civilian contractors (westland?) crawling over the apaches than green suits. The rumour at the time was there wasn't enough trained AV guys.

PM if you don't want to give info out on a public forum, as i am genuinely interested. Though don't tell the lads i'll get a beating for being a cabbagey geak
Old 16 October 2006, 10:03 PM
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Originally Posted by Mitchy260
Rob, i was accepted for the job and yes i did have written confirmation of it! A formal job offer 6 mths after signing off!

I went to see my CO along with 2 others who had also been offered the same job with westlands helicopters and was told we had no chance of leaving early due to ''manpower issues''

My unit had just deployed to Afghanistan and there were only a handful of technicians left on camp that could service the remaining apache helicopters! With 3 of us out of the 8 left wanting early release, the CO said no. It went upto a 'bigwig' brigadier in Glasgow and he also said no due to manning issues! Glasgow as you know are Army's main headquarters.

As to saying the RAF cannot tell you to work more than 48hrs is bollocks mate! What would happen to you if you went upto your boss and said i am not working as i am tired? You would be frowned apon and it would more than likely affect your years review, perhaps affecting promotion!

I know the way the military is run buddy Full of **** jockeys and arseholes that use the lower ranks ''us'' as stepping stones to make themselves look good in order for promotion! I was a full corporal after only 3 years so was doing well in the military but seen sense in the end and packed it in!

And thats the reason why so many people leave! Corrupt as hell
Believe it or believe it not the new guys we have coming in say exactly that. "oh i'm tired i don't trust my judgement"

This usually gets them a crap F6000 (annual report) but to be honest they don't care. It seems a far cry from the RAF i joined. We can't even take them for a bit of re-education just in case they end up blubbering. .

As you'll probably know the Army promotes a lot faster than the RAF, we're abit more dead mans shoes, or in the current climate, the reduntant mans shoes. It took me 6 years to Cpl, which in RAF terms is akin to walking on water. The bonus is the 12-13 year JT's keep me in line with sage says such as "get some f*cking time in" or "f*ck off smally", you can't really argue with that.
Old 16 October 2006, 10:09 PM
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I am now working for westlands doing exactly the same job but without the military bull****!

As to our avionics technicians, as you can imagine there were a few teething problems within its 1st year of service to the Army. The westlands guys were all on apache courses in the states in the mid 90's so they had 10yrs experience to pass on to us hence why there were many blue overalled westlands guys on the hanger floor!

We have now had the apache 3 1/2 years now although they have only been in service the last 6 months! This was not down to an engineering fact, it was down to the training of the pilots! It takes 2 years to fully train an ordinary helicopter pilot into an apache pilot! The training package is phenomenal as you can imagine and only 2 in every 8 pilots make the grade to be able to fly them! They had to get a squadron of around 30 pilots to be able to deploy hence why it has taken 3 years for the apache to become operational!

The engineering side was all done and dusted within its 1st year, the westlands guys helped out a lot in teaching us how to maintain and operate the systems! The avionics side is very complex but again after around a year the westland guys had gave us enough of there knowledge and left us to get on with it!

There has been little slip ups here and there on the way like with any new airframe but now it is fully operational, the aircraft is running very well and is getting a lot of praise in its 1st showing in Afghanistan! The taliban are genuinally running scared of it.

We now have 2 full squadrons of around 30 pilots and 75 technicians (aircraft and avionics) so 60 trained operational pilots and 150 or so operational technicians!

Another regiment with the same manpower with a further 2 squadrons is taking over from us in Afghanistan in May 07 so it is not bad seeing as we only received the aircraft 3 1/2 years ago!

Yes promotion especially for technicians in the Army is very quick. 3 years to full corporal earning 26-30k a year! I know a lot of you guys get stuck at JT or SAC which is the equivelant to our L/Cpl in terms of pay! Yes a 6yr corporal in the RAF as a techie is good, but like youve already said in the Army you can expect it in half that time, and as you know Army/RAF and Navy payscales are all identical!

The RAF has a better quality of life though and ''alledgedly'' you get treated better . Better postings, better woman, better overall welfare

Last edited by Mitchy260; 16 October 2006 at 10:19 PM.
Old 16 October 2006, 10:18 PM
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ta for that, rather interesting though you'll never get me off the "twin fan twin man swing wing dealer of death" . No matter how gucci an Apache looks.
Old 16 October 2006, 10:30 PM
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Mitchy260
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Rob before i get shot for going off topic, here are some recent pics i took. 1st 3 in desert, the other 3 in Scotland last winter. Bottom pic is my favourite The bottom video is pretty cool, its an american apache in Iraq with pilots showboating!

http://i4.photobucket.com/albums/y10...R/IMG_1051.jpg
http://i4.photobucket.com/albums/y10...R/IMG_1050.jpg
http://i4.photobucket.com/albums/y10...R/IMG_1064.jpg
http://i4.photobucket.com/albums/y10...R/DSCF0858.jpg
http://i4.photobucket.com/albums/y10...R/DSCF0861.jpg
http://i4.photobucket.com/albums/y10...R/DSCF0849.jpg

YouTube - Apache

Last edited by Mitchy260; 16 October 2006 at 10:44 PM.
Old 16 October 2006, 10:33 PM
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Top stuff fella, looks a lot more gucci than my stuff but give me five mins and i will post some truely hideous f3 pics


Last edited by rob878; 17 October 2006 at 08:44 PM.
Old 16 October 2006, 10:51 PM
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Cool pics, i like that mid air shot

I seen the harrier vid last week from Afghanistan with the guys playing chicken with it! Was cool to see it that low and gave you a good sense of its speed

Think we better get back to topic

He can complain to his bosses if he thinks he is being over worked but it is frowned upon and it will no doubt have an affect on his career path! He may even miss promotion because of it! The best bet is to grin and bear it and if he doesnt like it, he should do what everyone else does and sign on the dotted line for termination

Last edited by Mitchy260; 16 October 2006 at 10:54 PM.
Old 16 October 2006, 11:01 PM
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That jet was the Colonel and Ginger jet for soccer am. It had Tracy Surething on the ammo door and the socceram logo on it. Well we got bored in the gulf so a couple of the lads got painting when the jet was in the "Rub" being serviced for a few days.

I've got some more from my pax trip but can i h*ll find them. 1.2 mach was fun so was 300ft to 30k ft in about 20 seconds.

Anyway back on topic, yes the chap should terminate asap if he feels he is doing to much. No one will listen to his pleas as they all have their own career to think about.
Old 17 October 2006, 11:32 AM
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Leslie
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In the armed forces you are paid for 24 hours a day so you can be called on at any time for duty.

It is only the goods sense of some leaders who use that requirement wisely which can make it possible for servicemen to cope with that. Politicians have a different take on that as we see these days.

The latest "initiative" to pay extra allowances to armed forces who are in the firing line overseas applies to units away for 6 months or more. Most units are posted to a fighting zone for 3 months at a time! Work that one out! Slippery or what?

Les
Old 17 October 2006, 12:09 PM
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Leslie, im not sure whether that 6 mths has to be in 1 continuous tour or whether it is 6 mths in a certain time frame combined! 6mths in 12 maybe.

I was thinking that myself as my old unit are doing 3mths on, 3 mths off.

It will be ashame really if it is for 6mths continuous.
Old 17 October 2006, 12:24 PM
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The Working Time Regulations, which are the UK's implementation of the Working Time Directive (the EU legislation in question here) contain specific exclusions relating to armed forces.

IMO, if someone joins the forces, they have to accept that their "work" is going to be somewhat different from a "normal job". If you can't accept that, don't sign on the dotted line to take the Queen's shilling in the first place.

John.
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