Q&As

What are my rights and liabilities as an employer of a military reservist?

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Published on LexisPSL on 18/06/2015

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • What are my rights and liabilities as an employer of a military reservist?
  • Time off
  • Terms and conditions during mobilisation
  • Right to seek exemption, deferral or revocation of mobilisation
  • Financial assistance
  • Employer incentive payment
  • Reservist’s right to return to work
  • Redundancy
  • Unfair dismissal

What are my rights and liabilities as an employer of a military reservist?

An employer has certain legal responsibilities regarding liability for a reservist’s mobilisation and reinstatement at work afterwards.

An employer can claim for financial assistance to cover certain costs during a reservist’s mobilisation, and since 1 October 2014 can also claim incentive payments of up to £500 per month for an employee who is mobilised.

For full details, see our Practice Note: Military reservists.

Time off

Reservists usually train for approximately 30 days a year over mid-week evenings, some weekends and a two-week annual camp. An employer is not obliged to provide a reservist employee with time off for the purpose of training, in which case the reservist will have to use his annual leave entitlement. An employer may, however, choose to give a reservist periods of leave (paid or unpaid) in addition to annual leave entitlement to attend some or all of his training commitments. For further information, see our Practice Note: Military reservists — Training commitments.

If the reservist is called out for whole-time service with the Reserve Forces, call-out papers are issued to both the reservist and his employer, which will detail the date the reservist must call for duty at a specified mobilisation centre and the anticipated duration of the mobilisation. There is no minimum statutory notice requirement, but the Ministry of Defence (MOD)

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