Employment in the armed forces is unique in placing severe restrictions on rights and freedoms that are available to the rest of the UK population. The armed forces are also the only employers in the UK who legally require their employees to commit themselves for several years, with the risk of a criminal conviction if they try to leave sooner.
This situation is all the more worrying given that the majority of recruits are very young. There is also evidence that many personnel are unclear about the length of their commitment and their rights to leave and that the information they receive can be misleading.
ForcesWatch are campaigning to improve terms of service and increase awareness amongst recruits of what they are signing up for. See more here.
The basics
- the minimum length of service is at least 4 years, and up to 6 years for those joining before they are 18
- the notice period for leaving the forces is very long - a year in the army or navy and 18 months in the RAF
- recruits may be required to serve for longer than the usual period if they undertake education or training other than their initial training
- on leaving full time service personnel are transferred into the reserves which usually lasts for six years. The army has the right to call up reservists for any reason for up to sixteen days in the year. All three forces may call up reserves for longer periods during emergencies, or when the Defence Secretary judges there is a national need.
- recruits have a discharge as of right (DAOR) at certain points in their early days in the forces which allows them to leave by giving fourteen days' notice. For those joining the army aged over 18, they can leave after 28 days' service, but before three months' service. For all others, they can leave after 28 days' service but before six months' service
- for most recruits, their entitlement to DAOR elapses during the period of training and preparation and before they have had any experience of the frontline.
The army’s six-year trap for under-18s’
- a new recruit may give 14 days’ notice and leave – but only between the second and sixth month of service
- after that, they must remain in the army full time until 22 years old
- recruits under 18 years old commit themselves for a number of years into their adult lives while they are still minors.
- they can not buy themselves out
- if the recruit is under 18 their Commanding Officer has discretionary power of discharge but this may be refused
- after leaving the Army they must remain in the reserves for another 6 years
- they may not be free to leave, even when over 22, if they signed up for certain army training courses
Confusion about rights
Evidence suggests that many recruits are unaware of the exact committment that they are signing up to and the procedures for leaving. The recruitment literature does not mention many of the legal obligations and the Notice Paper, which recruits sign on joining the forces, sets out their terms and conditions in language that is often unclear and technical.The right to conscientious objection is not mentioned.
There is particular confusion over discharge as of right for under 18s and the discharge of 'unhappy minors' from the services. Contrary to what is often stated, under 18s wishing to leave after the first six months have no right to do so unless agreed by their commanding officer. It is known that 'unhappy minors' are often not discharged although official statistics on this are not kept.
Significant risks
The majority of recent deaths in Afghanistan have been among the infantry. Younger recruits from disadvantaged backgrounds are more likely to join the infantry so they face the greatest risk. In addition to the risk of death or serious injury, many suffer post-traumatic stress disorder and other mental problems on return and experience other difficulties once back in civilian life, including harmful drinking and addiction, relationship breakdown, homelessness and a greater risk of suicide.
Dissatisfaction
An inability to leave the forces legally before several years have elapsed almost certainly contributes to the number of personnel going absent without leave (AWOL). In the last 10 years, between 2000 and 3000 serving personnel have gone AWOL each year, mainly from the army.Those going AWOL risk a criminal conviction and punishment by detention.
Some resort to self harm, taking drugs to get caught and suicide attempts in order to find a way out.
The Armed Forces Continuous Attitude Survey reports that only about one third of armed forces personnel felt valued. About one fifth were dissatisfied with their job – that is many thousands of serving personnel who are likely to want to leave if they were able to.
Human rights
Members of the armed forces face considerable restrictions on political freedoms that are taken for granted by most of the population. They are not permitted to join a trade union or a political organisation, to speak to the media or in public without permission or to stand for elected office.