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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70280
Experience:  Over 5 years in practice.
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My son in law has bad depression and is awol from british

Customer Question

hi my son in law has bad depression and is awol from british army - he is on mediacation from his own doctor and his own doctor has given him a line for the last few months as unfit for work - his doctoe is referring him to a phyciatric person - his army has him down as awol - they want him to attend thier doctor but he feels he is more comfotable with his own - he soesent want to go back - where does he legally stand?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: uk
JA: What action has been taken so far? What's your ideal outcome?
Customer: they keep phoning and turning up at his mums adress and they have now threatened him with the local police to look for him but he cannot cope with it all as he does have problems with his mental health - the ideal outcome would be the army discharging him so that he has a chance of getting better
JA: Anything else you want the lawyer to know before I connect you?
Customer: i think that covers it all
Submitted: 10 months ago.
Category: UK Law
Expert:  Jo C. replied 10 months ago.

If you are asking whether this a defence to AWOL then it is not.

Come what may he has attested and he is absent without leave.

Expert:  Jo C. replied 10 months ago.

They might well accept that he is suffering from depression so not fit and he might well be invalided out of the Army but he cannot just refuse to return to barracks without committing an offence.

The Army are entitled to ask that he attends their doctors.

There is no prospect of medical discharge unless he has seen a military GP.

They will ultimately find him and then he is at risk of a remand in military detention so it would be better to resolved this voluntarily.

Can I clarify anything for you?