Employing Reservists

Most volunteer Reservists are committed to about 30 days’ training a year. The most significant part of this is a 15 day continuous training period sometimes known as Annual Camp.

Employees who are Reservists are not entitled to additional paid leave over and above their normal holiday entitlement to attend Annual Camp.

That being said, some employers grant extra leave believing that their employees will gain skills that will benefit their business.

If there is a crisis that calls for more Armed Forces, mobilisation of Reservists can take place, Iraq being a case in point.

If a Reservist wants to volunteer for mobilisation, he first of all needs the consent of his employer, but the employer is under no legal obligation to give consent.

Compulsory mobilisation is a different matter. The Services try to give the Reservist and the employer 28 days’ notice of mobilisation. This will normally set out the date of mobilisation and how long it is likely to last. Reservists must tell their employer as soon as practically possible if they receive a mobilisation order.

Employers are not obliged to pay a Reservist who is called up, whilst he is away. If the employer does continue paying the Reservist this is not an expense that can be recovered from the MOD. The Reservist is entitled to remain in the employer’s occupational pension scheme. The Reservist must continue to pay their contributions to the scheme. Provided that he or she does the MOD will pay the employer’s contributions.

In the case of compulsory mobilisation, the employer or the Reservist can apply for exemption or deferral of call up if it is thought that the Reservist’s absence will cause serious harm to the employer’s business. An application must be made within 7 days of the Reservist being served with a mobilisation notice. A Service Adjudication Officer decides the issue of balancing the needs of the employer with the needs of the operation that has led to the call up. There is a right of appeal to the Reserve Forces Appeal Tribunal within five days after receipt of the Adjudication Officer’s decision.

Once a Reservist has been demobbed he or she is entitled to their old job back provided they apply for reinstatement. Employers who cannot reinstate in the original job must offer an equivalent position with the same terms and conditions of service.

It should also be said that the Services are moving towards the more flexible use of Reservists and operational tours currently range from 3 months or less up to a maximum of 12 months.

Published 27/09/2006.