[quote=“glass half empty 2” post=17178]I would have thought PM given your profession you would be more than aware of the vagaries of the application of rules or the law through your dealings with the courts. Given that solicitors etc will advocate and mitigate for clients, depending on which side they are playing that week, ie defence or prosecution, the rules/laws of the land are open territory for interpretation, as the same offence will have different outcomes for each offender.
I’ve got mates who work for the Police and Probation and they have stopped being amazed how a different bench in the Magistrates will find for a case and in Crown how the sentence depends on who’s presiding. My mate in Probation has said that the solicitors horse trade between the cases, so the work that he and his colleagues have do can be pointless to either secure or a conviction or not. As such you can have a rule or law and each person will interpret or use it differently.
As you say you won’t probably pick up on the fact they’ve not been down for a couple months anyway and then probably another couple of weeks before you get on top of it.
I’ve worked and had staff who’ve worked shifts and these are not conducive to doing our hobby as much as our rules may dictate and if your real life ‘gets in the way’ you may not get down for several weeks. My mates in the Police do nights, lates and “earlies”, those I know in the Corps may only get to their squadrons with any certainty one week in three (many of these are or have been sqn cdrs and WSOs), yet in spite of this the ATC seems to like having Policemen/women as uniformed staff. I’ve known a few Sqn Cdrs who run their own business or are have senior positions at work, again professionals that the Corps likes to attract, but the very nature of their work, means they may not get down every night. If you were the sqn cdr with people like this would you seriously be saying sorry you’ll have to consider your status, unlikely.
I have to admit if I couldn’t miss parade nights because the other staff might not be able to cope, I’d pack it in now. Then what about the stories you hear about Flt Lts overseeing 2 or more sqns with a SNCO doing the day to day running. What happens if the peripatetic CO doesn’t get round to their charges as they are busy with real life, do they get asked to consider their position, I very, very much doubt that would happen.
Ideally all uniformed staff should be at their sqn every parade night and be available every weekend, and if they fail to achieve 12 hours a month, prostrate themselves and admit they can’t do it and resign their status but in lieu of this uptopia we have to live with what really happens and if we can’t live with it maybe we should be the ones who leave.[/quote]
I think you’ve worked yourself up into an unrealistic frenzy here. In the legal examples you give all the mitigation, advocacy and persuasion is still done within the rules. The relevant laws give room for things to be argued, or the wording of the law itself is ambiguous so needs to be defined.
In our case, the contract is pretty clear. 12 hours a month. There’s not a lot of arguing there. If you feel you can’t meet that the mitigation (again within the rules) is to ask for a leave of absence, (up to three months) then, if all else fails go NEP.
What you’re advocating is a system whereby staff can just say ‘stuff it’. Which is completely unworkable.
But you are massively overstating the scale of the problem. In the vast majority of the examples of working around life which you give, how many of your staff who need this working around fail to do 12 hours? I would imagine not many. 12 hours a month is such a basic minimum standard that I can’t see how on earth you can defend someone who fails to meet it. It takes a massive amount of personal disorganisation and unreliability to not make 12 hours that the staff member involved would really need to rethink their position completely.