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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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Very confusing situation: Daughter joined armed services 5 years ago as a potential offic

Customer Question

Very confusing situation:
Daughter joined armed services 5 years ago as a potential officer and has done a levels and sponsored uni. was due to start officer training in sept but at her 3rd medical in april was declared permanently unfit due to an asymptomatic bunion. is trying to appeal as believes already employed but getting nowhere. need some specialist advice but dont know where to go!
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this. What would you like to know about this?
Customer: replied 2 years ago.
1. She signed a contract when she was 16
2. She has been paid for certain aspects of her time
3. She has passed all her fitness and medical assessments
4 she passed a full medical at 16
5 she passed a full medical at 19 and was sponsored through university
6 in 2014 we think the medical criteria was changed to exclude bunions
7 she failed another medical for entry to officer training this year
8 one of the reasons given for her not progressing was that her (non-identical) twin sister has had an operation on a bunion. Her parents and brother have no foot problems
9 she was told to appeal but apparently the only basis for appeal is that the diagnosis is incorrect.
10 the diagnosis is correct but we need to know whether the fact that she is already paid by them means that she should not have to undertake another medical as the criteria seems to have been changed subsequent to her originally joining up
She is really struggling with this as her life has been dedicated to it over the past 6 years.
Expert:  Jo C. replied 2 years ago.
So what is your question about this please/
Customer: replied 2 years ago.
If she has signed a contract in 2009 and passed a medical then, can they tell her that she is not fit for entry now if they have changed the criteria in the interim?
Expert:  Jo C. replied 2 years ago.
Has she attested?
Customer: replied 2 years ago.
Can you define that please? She is out now so I cannot confirm for sure.
She has pay slips from them.
Expert:  Jo C. replied 2 years ago.
Sworn allegiance to the Queen, her heirs and successors etc.
Customer: replied 2 years ago.
Apparently not
Expert:  Jo C. replied 2 years ago.
Until a person is attested they are not formally a member of the Armed Forces.
The medical requirements are changing all the time and it is fair to say that at some points it is easier to enter than others. I'm afraid the forces are all paranoid about bunions though. I am an RAF reservist and I know that the doctors are told to look for issues of that nature. Their concern is that it impacts upon capacity to wear the Army boots. Skin issues are a favourite as well because a person who can't wear the uniform cannot serve in the forces.
In short though, if she didn't attest then she was not formally accepted and she can be subject to the higher requirements I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 2 years ago.
Sorry for the delay in replying. There is some confusion about whether or not she has attested (odd but true as it seems to be a somewhat informal process).
For clarification, if she has not attested there is nothing she can do?
If she has attested, a further course of action may be possible? What would that be?
Expert:  Jo C. replied 2 years ago.
Well, only in that if she has attested there would not normally be a medical test upon entry after that unless an issue were raised during the course of training