November 18, 2014

Army Reserves and your employment obligations

Army Reserves and your employment obligations


In light of the reduction in the number of fulltime members of the British Army and the increase in Army Reservists, as an employer are you aware of your obligations if you employee a Reservist and their associated duties?


Did you know…?


•    The Ministry of Defence will aim to give you, the employer a minimum of 28 days’ notice when your employee is going to be mobilised. This is a newly agreed notice period, although there is no legal requirement for them to adhere to this notice period


•    If, once you have received notice of mobilisation you believe that this will cause a serious detrimental effect to your business, such as loss of sales or development you have the right to appeal. You must appeal within 7 days of receiving the notice of mobilisation


•    Once a Reservist employee has been mobilised, you don’t have to pay them their salary for the period that they are away serving. Additionally they won’t accrue holiday during this time. This is because when Reservists demobilise they will continue to be paid by the MOD for a period of post-operational leave


•    When Reservists are away from their normal workplace and are on duty, the employer has a right to financial assistance from the MOD, such as additional salary costs if for example the Reservist’s temporary replacement costs more than their normal salary. Additionally there is financial assistance of up to £500 per month for SME’s that employ Reservists and who have been mobilised


•    As part of their duties, Reservists must carry out additional training, including their 15 day continuous annual training course. There is no obligation for you as the employer to allocate additional holiday to accommodate this training, this time can be taken out of their normal leave entitlement.


•    There are two pieces of legislation that as employers you must be aware of, under The Reserve Forces (Safeguard of Employment) Act 1985 (SOE 85) Reservists who have a liability to be mobilised are provided with the following protection:


1.    Protection of employment: the Act provides protection from unfair dismissal and makes it a criminal offence for an employer to terminate a Reservist’s job without their consent solely or mainly because he or she has a liability to be mobilised


2.    Rights to reinstatement: the Act provides a legal right to reinstate the Reservist to their former job, subject to certain conditions


If you have any questions about this topic or any other employment law issue, don’t hesitate to contact us.


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