Release date: February 2003

With the threat of war, the Government has enabled the armed forces to call-up Reservists for service. If required, an employee, who is a Reservist that has been issued with a call-up notice, must take leave in order to serve in the Armed Forces and employers must not refuse this leave or attempt to persuade the Reservist to fail to comply with the call-up notice.

Employers of a Reservist are, however, able to seek exemption from, or deferral of, the Reservists mobilisation if it is thought that the loss of the employee would cause serious harm to the business. Exemption could also be sought if the employee’s absence would cause serious harm to any other business or undertaking of a partner, proprietor or employee of that business or undertaking.

Employers can recover limited costs through a financial awards system, with a Standard Award covering some recruiting and training expenses, and a Hardship Award making up any difference in the actual costs incurred. A pension provision is also available as the mobilised Reservist is entitled to remain a member of their occupational pension scheme.

The employer does not have to bear the cost of the Reservist’s normal salary whilst mobilised, as the Reservist will be paid by the Ministry of Defence based on military salaries. During mobilisation the Reservist cannot have their employment terminated because they are in military service, and after demobilisation is entitled to be re-employed by the former employer under the same terms and conditions as before. If it is not reasonable and practicable to offer the same job on the same terms and conditions as before, the Reservist must be offered a job on favourable terms and conditions.

If an employer has to make redundancies and a mobilised Reservist is among those to be made redundant, the fact that the Reservist is mobilised should not influence their redundancy.

Chris Wiper heads an experienced commercial team at Close Thornton Solicitors, providing practical and professional advice on a broad range of legal issues. This article is not intended to be an exhaustive statement of the law or a substitute for seeking specific advice. For further information please contact Chris Wiper on 01325 466461 or email chris.wiper@close-thornton.co.uk.

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