What would happen if you were to refuse a call out?

#1
I've been called out for H14 and fully intend to go. However, the wife wants me to appeal and I have to at least go through the motions to fend off any divorce proceedings!

Having spoken to the Adjudicating officer, he seems to think that on the face of it my grounds for exemption should be rejected (relating to my wife expecting our first child and I am technically self employed with a client on the cusp of offering me a permanent employment contract). Even if I were to become fully employed before mid November, I'm not sure that my new employer would be able to demonstrate any sufficient negative consequences to the business.

So, it seems like I am going as desired. But, the question has been raised by not only the wife but also my work boss as to what would happen if I simply refused even if exemption wasn't granted. I assumed that it would be prison or some sort of criminal conviction (or something similar) but my boss had a friend in the TA who apparently refused and he got off scot free which confused me.

Does anyone know what the actual consequences might be?

Cheers
 
#2
On paper you can be done for all sorts of horrible things like desertion etc. etc. In practice if you kick up enough of a stink they will just let you leave. The other alternative is to fail your PDT.

If you actually want to go though and it's just a case of making the missus think that you've tried to get out of it, a few well worded letters and a bit of bullshit on your part is pretty much all you need unless she works high up in the MOD or something.
 
#3
My understanding is that until recently no exemption had ever been refused. It's actually a "Deferral Exemption" and supposedly you'd have to mobilise to fulfill your commitment as "In general terms, exemptions only last for 12 months from the date they take effect." Again until recently this has not been actioned.

HOWEVER - times are changing. Manpower is short and the above may no longer be applicable. Non-voluntary mobilisation is now becoming a matter of routine.

Plenty of people in theatre leave expectant wives behind.

As for your boss 'who's mate in the TA walked away scot free' - would you be willing to risk a criminal record on the back of a 3rd hand story? It may be accurate, but I have reservations. As the letter states:

If you fail without lawful leave or reasonable excuse to present yourself for service as required above, or having presented yourself, to remain there until accepted into service or informed that you are not to be accepted into service, in pursuance of this notice you will be guilty, according to the circumstances, of desertion or absence without leave.
Personally - if you think you can't commit to your obligation, then let someone know now. They'll need to get a replacement and the more notice they have the better. Then consider your future in the Reserves. The US give you one chance then you're out.
 
#4
2_deck_dash said:
On paper you can be done for all sorts of horrible things like desertion etc. etc. In practice if you kick up enough of a stink they will just let you leave. The other alternative is to fail your PDT.

If you actually want to go though and it's just a case of making the missus think that you've tried to get out of it, a few well worded letters and a bit of bullshit on your part is pretty much all you need unless she works high up in the MOD or something.
Thanks - I'm just thinking ahead for when the exemption is denied... the question will be definitely asked by the mrs and potential boss and the more scary sounding the consequences the better.
 
#5
legowars said:
2_deck_dash said:
On paper you can be done for all sorts of horrible things like desertion etc. etc. In practice if you kick up enough of a stink they will just let you leave. The other alternative is to fail your PDT.

If you actually want to go though and it's just a case of making the missus think that you've tried to get out of it, a few well worded letters and a bit of bullshit on your part is pretty much all you need unless she works high up in the MOD or something.
Thanks - I'm just thinking ahead for when the exemption is denied... the question will be definitely asked by the mrs and potential boss and the more scary sounding the consequences the better.
It will be desertion and the penalties are severe:

Desertion
(1) A person subject to service law commits an offence if he deserts.
(2) For the purposes of this Act a person deserts if he is absent without leave and—
(a) he intends to remain permanently absent without leave; or
(b) he intends to avoid a period of active service.

(3) In this section “active service†means service in—
(a) an action or operation against an enemy;
(b) an operation outside the British Islands for the protection of life or property; or
(c) the military occupation of a foreign country or territory.

(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence—
(a) if the offender intended to avoid a period of active service, may be for life;
(b) otherwise, must not exceed two years.
Armed Forces Act 2006
 
#6
Thanks to all the inputs. Let me just stress that this is a 'planning ahead' exercise for the good of my home life (not so worried about the job as there will always be another). The Mrs and her family need to at least be satisfied that I did what I could to achieve an exemption.

Cheers all
 

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