OFFICERS PVR - avoiding the whole 1 Years notice thing

Navy1

Midshipman
#1
I was sure that there used to be different foums for different rates and ranks.... or did I just imagine it ?

Any Officers or former Officers out there that can tell me if they have managed to get around the 1 years notice required to leave the service. Would be interested to know if anyone has managed a shorter period and if so, how. I am 16 years in so there is no return of service issue.

Thanks
 
#3
I know of a chap who had served less time than you but was able to go after 6 months - his Career Manager just asked: "when do you want to go?" - 6 months was the minimum and probably passes pretty quickly once the big outside world draws closer and closer!

No harm in asking your Career Manager. Good luck.
 
#5
Bit pricey since the deposit has gone up from £500 to £2000 though. An OOW friend of mine point blank refused to go Frigate Navigator and put his notice in rather than go on the course. The next day the Appointer told him that he accepted his one month's statuatory minimum and his next paycheque would be his last!

Unsurprisingly my friend backed down sharpish. When he related this story to a Cdr Barrister, he was told that this was perfectly legal as officers have not signed an employment contract and thus only had to give 1 month's notice. In fact, the mob are (apparently) terrified in case someone tried to take them to court over it, as it's legally impossible to stop any officer leaving after 1 month and if everyone knew, we'd all be at it!
 
#6
geoffrey said:
Bit pricey since the deposit has gone up from £500 to £2000 though. An OOW friend of mine point blank refused to go Frigate Navigator and put his notice in rather than go on the course. The next day the Appointer told him that he accepted his one month's statuatory minimum and his next paycheque would be his last!

Unsurprisingly my friend backed down sharpish. When he related this story to a Cdr Barrister, he was told that this was perfectly legal as officers have not signed an employment contract and thus only had to give 1 month's notice. In fact, the mob are (apparently) terrified in case someone tried to take them to court over it, as it's legally impossible to stop any officer leaving after 1 month and if everyone knew, we'd all be at it!
I've heard this one also applies to ratings. I'm constantly hearing that theres a case going thru the courts about it. Urban myth?
 
#7
Navy1 said:
I was sure that there used to be different foums for different rates and ranks.... or did I just imagine it ?

Any Officers or former Officers out there that can tell me if they have managed to get around the 1 years notice required to leave the service. Would be interested to know if anyone has managed a shorter period and if so, how. I am 16 years in so there is no return of service issue.

Thanks
I agree 12 months is a bit long but it does give you time to get things organised, unless of course you already have a job lined up.

There are quite a few factors you need to consider. Do you intend moving before or on leaving the service, this can take time and with all the trauma of starting to be a civvie wage slave perhaps getting the house move done first is a good thing.

Secondly how long will it take you to get a job. Good jobs can take a long time, I spent 2 years looking for my present job and even then it took 3-4 months from invitation to first interview to the job offer.

There are informal ways of cutting the time down as well, I worked with a Crab who did a months PVT training and ahd saved a months leave when he joined us so took two months of the 12 months.

Scarcity of your specialisation is also a concern, if you are not in a scarce group then you may get an earlier release date.

Good luck.

Peter
 
#9
I agree, twelve months is a good period to sort your life out. Believe me, it will pass very quickly. If you haven't already been interviewed by the resettlement people you're already behind the curve.

As to getting out before the 12 months are up, if you have a bloody good reason, a firm job offer and are willing to negotiate with your current employer & the appointer - it is possible. However, much depends on your branch and the manning levels within it.

If you're really hell bent on leaving this wonderful institution then good luck to you.

Top tip though - pass copies of your (decent) reports to previous employers and ask them to write you a general reference now - whilst you can still track them down. Once you leave, you'll never find them.
 

hammockhead

Lantern Swinger
#10
geoffrey said:
Unsurprisingly my friend backed down sharpish. When he related this story to a Cdr Barrister, he was told that this was perfectly legal as officers have not signed an employment contract and thus only had to give 1 month's notice. In fact, the mob are (apparently) terrified in case someone tried to take them to court over it, as it's legally impossible to stop any officer leaving after 1 month and if everyone knew, we'd all be at it!
You really don't want to take the Queen to court over this-

Similarly, the proposition that officers have no legal right to resign (though administrative rules will normally permit officers to retire within seven to twelve months of the date of request to leave) is derived from a decision in 1892 (Hearson v Churchill [1892] 2QB 144: "An officer who has accepted a commission in Her Majesty's Navy cannot, under any circumstances whatever [italics added], resign without the consent of HM The Queen". Indeed attempts to challenge this legal doctrine before the Divisional Court (David Pannick, QC, sitting as a Deputy High Court judge) in early 1999 were unsuccessful.
Link
 
#11
hammockhead said:
geoffrey said:
Unsurprisingly my friend backed down sharpish. When he related this story to a Cdr Barrister, he was told that this was perfectly legal as officers have not signed an employment contract and thus only had to give 1 month's notice. In fact, the mob are (apparently) terrified in case someone tried to take them to court over it, as it's legally impossible to stop any officer leaving after 1 month and if everyone knew, we'd all be at it!
You really don't want to take the Queen to court over this-

Similarly, the proposition that officers have no legal right to resign (though administrative rules will normally permit officers to retire within seven to twelve months of the date of request to leave) is derived from a decision in 1892 (Hearson v Churchill [1892] 2QB 144: "An officer who has accepted a commission in Her Majesty's Navy cannot, under any circumstances whatever [italics added], resign without the consent of HM The Queen". Indeed attempts to challenge this legal doctrine before the Divisional Court (David Pannick, QC, sitting as a Deputy High Court judge) in early 1999 were unsuccessful.
Link
Isn't this related to the fact that as an RN Officer you can leavr the RN, but only in the most exceptional circumstances (and only once Defence Council approval has been granted) can you resign you commission.
 

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