Legal obligations when employing Reservists
In this guide:
Legal obligations when employing Reservists
This legislation gives Reservists a more prominent role within Future Reserves 2020 and greater job security.
Since 1 October 2014, Reservists and their employers are affected by legal changes announced within the Defence Reform Act 2014.
These changes are a big step forward, as they address employers' views fed into the White Paper indicating that the costs of employing a Reservist outweighed the benefits. The 2014 legislation also gives Reservists a more prominent role within Future Reserves 2020 (FR20) and greater job security.
Broader powers for mobilisation
Defence can now call out Reservists for any purpose for which Regulars may be used - previously, they could only be called out to serve in specific circumstances. This will ensure that Reservists become more fully integrated into the Regular Forces.
Also, the maximum period for which Reservists may be mobilised has increased from nine to twelve months. The twelve-month period of mobilisation will cover training, deployment, and recuperation after service.
Those Reservists who joined before 1 October 2014 have a choice whether or not to transfer to these new terms. However, anyone joining on or after 1 October 2014 will be automatically subject to them.
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers. It has replaced the SaBRE (Supporting Britain's Reservists and Employers) brand throughout the UK, though the Regional Employer Engagement Directors still exist to assist employers and reservists within their regions. Read DRM guidance on employing a Reservist.
Additional financial support for employers
SMEs and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised. This financial incentive is on top of the existing Employer's Award which covers the cost of replacing Reservists when they are mobilised and claiming re-training costs when they return to work.
Employment protection
Reservists are exempt from the one-year qualifying period in bringing unfair dismissal claims to an employment tribunal if the reason; or primary reason for dismissal is their being a Reservist.
Territorial Army renamed Army Reserve
The Territorial Army volunteer reserve force is now called the Army Reserve.
Annual reporting on volunteer Reserve Forces
Each year, the Reserve Force and Cadets Associations are required to report to the Secretary of State for Defence on how well FR20 is being delivered and on the health of the Reserves. This information will provide valuable independent scrutiny of the Reserve Forces.
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Types of Reservists
The different types of Reservist, and the different services they serve with.
There are several categories of Reservist, each subject to different mobilisation rules, depending on their experience and skills.
Reserve Forces
The Army, Navy and Royal Air Force (RAF) each have their own Reserve Force:
- the Army Reserve is the Reserve Force for the Army
- the Royal Naval Reserve and the Royal Marines Reserve (known as the Maritime Reserves)
- Reserve Air Forces, including the RAF Reserves and Royal Auxiliary Air Force, is the Reserve Force for the RAF
The Army Reserve is the largest Reserve Force and the one that you are most likely to encounter as an employer.
Reservists are grouped according both to their duties and their level of readiness for mobilisation:
- Volunteer Reservists have an ongoing training commitment and can be mobilised - see Reservists: mobilisation and initial call-out procedure
- Regular Reserves (former members of Armed Forces)
- those on Full-Time Reserve Service (serving full-time for the fixed sabbatical period)
- Additional Duties Commitment (part-time service with Armed Forces)
- High Readiness Reservists (have specialist skills and are subject to short-notice mobilisation)
- Sponsored Reserves (defence contractors with the agreed proportion of Reservists)
Volunteer Reservists
The Ministry of Defence chooses individual Volunteer Reservists for duty using an 'intelligent selection' process. This allows Reservists to be selected according to their individual skills and allows a unit to take into account a Reservist's personal and employment circumstances.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers.
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Defence Relationship Management (DRM) advice for employers
Advice and support for employers on Reservist issues from Defence Relationship Management.
Defence Relationship Management (DRM) is the single point of contact linking employers with the Ministry of Defence (MOD).
DRM can advise you on:
- how to develop a Reservist human resources policy
- Reservists' training obligations
- employers' rights and responsibilities
- the benefits of employing Reservists
- mobilisation issues
Read more on what to expect if a reservist employee is called up for service.
Defence Employer Support
You can contact Defence Employer Support by emailing employerrelations@rfca.mod.uk. In addition, the DRM is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
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Benefits of employing Reservists
Reservist skills and training can make a significant contribution to businesses.
Reservists receive military training that can benefit civilian employers. The training takes place throughout the year and at an annual camp. It can be in an exercise or classroom-based setting.
Read more on Reservists' military training commitments.
Skills developed through Reservist training
Reservists' training covers a wide range of skills and disciplines such as:
- teamwork
- self-confidence
- decision-making
- leadership
- presentation skills
- project management
Specific training skills
Some training is undertaken in order to help Reservists acquire specific trade skills, qualifications or promotion which can cover useful skills in:
- document handling
- communications
- computer systems
- planning and implementation
- assessing situations quickly
- adapting to challenges
Defence Relationship Management (DRM) can provide information on the different types of Army Reserve training and their application to civilian employment.
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Rights and responsibilities of Reservist employers
Employers' rights regarding Reservist mobilisation, financial assistance, reinstatement, and redundancies.
Employers have a right to manage Reservist employees according to the needs of the organisation, but this should be balanced with certain legal responsibilities regarding their liability for mobilisation and reinstatement at work afterwards.
Your rights as a Reservist employer
Reservists are encouraged to inform their employer of their Reserve Forces membership. In Great Britain, if you recruit an employee who is a Reservist - or an existing employee becomes one - the Ministry of Defence (MoD) will write to you under the 'Employer Notification' system to confirm that they are a member of the Reserve Forces. However, this formal channel of notification does not apply in Northern Ireland. The onus will be on the Reservist to inform you of their status.
Employers should check employment contracts, as these may need to be amended for new employees who are Reservists, eg if having a second job is usually against company policy.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Other employer rights include:
- The MoD aims to give at least 28 days' notice of a Reservist employee's mobilisation.
- The right to appeal against mobilisation if it would harm the business.
- Financial assistance for certain costs associated with finding a replacement.
- Not paying the Reservist a salary or associated benefits - eg company car - during their mobilisation.
- Changes since 1 October 2014 give businesses financial incentives worth up to £6,000 a year per mobilised Reservist. Small or medium-sized enterprises (SMEs) and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised.
- No obligation to grant extra annual leave to allow for training commitments. Many employers recognise the benefits that such training provides and choose to grant additional leave. Search a list of employers that provide additional leave for Reservists.
Read about financial assistance available to employers of Reservists.
Your obligations as a Reservist employer
After a Reservist returns from mobilisation, you have a legal obligation to re-employ them in their original role. If you cannot reinstate the Reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service (or as near as practicable).
You cannot dismiss a Reservist employee solely on the grounds of their Reserve Service duties or their liability to be mobilised. If you do, the employee can apply to a Reinstatement Committee, which works in a similar way to an industrial tribunal.
For more information, see reinstating or re-engaging an employee after unfair dismissal or reservist service.
Reservists can be included in the redundancy pool if this is necessary due to a downturn in business or the closure of a department or branch. However, all employees should be treated the same, and redundancy criteria should not discriminate against Reservists on the grounds of their Reserve service or call-up liability.
There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26 or 52-week period, depending on their previous length of service.
Read more on what to expect if a Reservist employee is called up for service.
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Reservists' military training commitments
How military training time can both impact and benefit you as an employer of Reservists.
Reservists are committed to undergoing military training throughout the year, much of which can directly benefit their employer when they return to their civilian jobs.
The main annual training commitment is a two-week training camp. Other commitments may affect Reservist employees who usually work outside of normal office hours, eg:
- weekly training - held locally for about 2.5 hours, one evening a week
- weekend training - several weekends throughout the year
Some Reservists undergo additional voluntary training in areas such as health and safety, IT, and personnel management. Read more on the benefits of employing Reservists.
Some employers grant Reservists extra leave for training but there is no obligation for you to do so.
Read more about what employers in your sector are doing to support their Reservist employees.
Also see rights and responsibilities of Reservist employers.
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Protection of a Reservist's employment
Reservists: mobilisation and initial call-out procedure
How Reservists are mobilised for full-time service with the Armed Forces.
The call-up of Reservists into full-time service alongside the regular Armed Forces is referred to as 'mobilisation'. Reservists usually serve abroad but can also be deployed in the UK, eg during a national emergency.
The Ministry of Defence (MoD) chooses Reservists for service using the 'intelligent selection' process. This is based on Reservists' skills and experience, personal and employment circumstances.
Initial call-out procedure
The MoD tells each Reservist when and where to report for duty and pre-mobilisation training. Reservists should tell you as soon as they get their call-out notice.
Notice period for mobilisation
The MoD aims to provide 28 days' notice but there is no legal minimum notice period.
High Readiness Reserves (HRR). HRR are members of any of the Reserve Forces who have specialist skills and who accept an increased liability for call out (under Part 4 of RFA 96). HRR meets the need for skills that might be in short supply in Regular and Reserve Forces and which might be needed early in a crisis. A call-out order is not required to mobilise HRR.
Also read more on types of Reservists.
Employer information packs
The MoD provides a call-out pack to each employer of a mobilised Reservist. This will either be sent directly to you as their employer or be included in the Reservist pack, which your employee should hand to you. This gives you the date the Reservist should report for training and includes information on:
- possible length of the Reservist's duty
- your statutory rights and obligations as an employer - eg regarding pay, pensions and reinstatement after mobilisation
- possible financial assistance for employers
- contacts
For more information, see rights and responsibilities of Reservist employers.
Exemptions and deferrals
As an employer, you have the right to appeal against a Reservist's call-up if you feel it would damage the business, for example, if there was:
- a risk of financial harm, eg loss of sales, markets or reputation
- reduced ability to produce goods or provide services
- an effect on research and development of new products, services or processes
If you want to make an exemption or deferral application for your employee, you should do so within seven days of the mobilisation notice being issued. If this is not possible, you should ask the Adjudication Officer appointed by the MoD for permission to make a late deferral application. All mobilisations are compulsory and if you or your Reservist does not make an appeal in the given timeframe, the Reservist will be required to report for duty on the date specified in the call-out notice.
Further advice for employers
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can be contacted on Tel 028 9521 6794. Read DRM's guidance on how you can apply for exemption or deferral of a Reservist's mobilisation.
Holiday accrual during mobilisation
You do not have to allow Reservist employees to accrue leave while mobilised as they accrue leave with the MoD. When they return to work, you are entitled to grant them leave pro rata from the date they return to the end of the calendar year. Read more on how to know how much holiday to give your staff.
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How long will the Reservist be away for?
Length of a Reservist's duty, including training and preparation for return to work.
When the Reservist reports for a period of mobilisation, they will undergo a series of checks and tests, including a medical. Depending on the individual, this can last from a matter of days to two weeks. Once the Reservist is accepted into service they will join their unit and undergo further pre-deployment training before they are deployed on operations.
The length of mobilisation will vary according to military needs but can be up to the duration of 12 months.
While Reservists are serving with the Armed Forces, civilian employers can help maintain their morale by sending them updates on the organisation, eg office newsletters or emails about the company. This will also help them reintegrate with the organisation when they return.
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Financial and pension arrangements for mobilised Reservists
Employers' and Reservists' pension rights during a mobilisation period.
You can claim financial assistance from the Ministry of Defence (MoD) while your Reservist employees are away. This includes claims for:
- Advertising or agency fees for recruiting a replacement. These are uncapped.
- The extra cost is over and above their salary for paying a temporary replacement while they are mobilised. This can be up to £110 per day or around £40,000 per annum.
- Retraining for the Reservists on their return, if appropriate.
Additional financial support for employers
Changes that came into effect on 1 October 2014 mean SMEs and equivalent-sized charities and partnerships will be allowed to claim up to £500 for each month their Reservist employee is mobilised.
You can also claim for:
- up to five days handover costs before the employee is mobilised and up to five days takeover costs after they return to work
- 75% of the costs up to a maximum of £300 for purchasing specialist clothing for a person who replaces a mobilised Reservist
- training costs (capped at £2000) for essential training to enable a replacement to fulfil a mobilised Reservist's role during mobilisation
During mobilisation, you will not have to pay the Reservist's normal salary or any company benefits that they would usually receive, such as a company car or contributions to a pension scheme.
When a Reservist is mobilised, the MoD provides an information pack to all relevant employers. This will either be sent directly to you as their employer or be included in the Reservist pack, which your employee should hand to you. This explains how you can claim for financial assistance. You should include payroll data in your claim, eg the Reservist's National Insurance number, staff number, and written evidence of their earnings.
You should make your claim within four weeks of the date of the Reservist's last day of full-time service. After this, you should ask permission from the MoD Adjudication Officer to make a late claim. Find out how to make a claim for financial assistance.
Appealing against an Adjudication Officer's decision
If you are dissatisfied with an Adjudication Officer's decision, you can appeal to the Reserve Forces Appeals Tribunal. You must make your appeal within five days of the Adjudication Officer's original decision.
The tribunals are arranged by the Department of Justice and are independent of the MoD. They comprise a legally qualified chairperson and two lay members. The hearings are informal and normally held in local industrial tribunal offices.
Read about appealing to the Reserve Forces Appeals Tribunal.
Pension arrangements during mobilisation
During mobilisation, Reservists can choose to continue paying contributions to their company pension scheme or pay into one of the Armed Forces' own pension scheme options.
The MoD will pay the employer's contributions if a Reservist continues paying into an occupational pension scheme, deducting these contributions from the Reservist's military wages. This arrangement does not apply to personal pensions.
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Protection of a Reservist's employment
Legal safeguards on protection of a Reservist's job after a period of mobilisation.
After their mobilisation ends, Reservists are debriefed and assessed before being given post-mobilisation leave.
Following the procedure for return to work, and to comply with legislation, the Reservist should formally write to you in the period beginning after the last day of their full-time service and ending with the third Monday after their full-time service ends, to request reinstatement and agree on a return-to-work date.
It is also encouraged that they should contact you informally, ideally in person, to discuss the options for a return to work date. They will still need to make the formal application in writing as required by legislation.
You have a legal duty to reinstate your Reservist employee in the same or a similar position for a minimum period - eg 13, 26, or 52 weeks, depending on their length of employment before mobilisation.
You can include Reservists in a redundancy pool if necessary, provided you do not discriminate against them on the grounds of their mobilisation. There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26, or 52-week period, depending on their previous length of service.
See rights and responsibilities of Reservist employers.
A Reservist's employment status whilst mobilised is set out within the Employment Rights Act. Mobilisation does not break continuity of service however, in terms of any calculations based on reckonable service, the period of mobilisation would not be included by virtue of the Act.
You can claim financial assistance if a Reservist needs training or re-training as a direct result of their mobilisation.
See financial and pension arrangements for mobilised Reservists.
Aftercare of demobilised Reservists
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can be contacted on Tel 028 9521 6794.
DRM can help employers and Reservist employees find support and advice. For advice on how to spot symptoms of post-operational stress - eg depression or irritability - as well as contacts with service medical, pastoral and welfare staff, you should contact your employee's unit Welfare Officer.
You can help demobilised Reservists reintegrate into the business by offering retraining, if necessary. You can also discuss with Reservists how to make use of any new skills they have acquired during their mobilisation.
Reservists can acquire many skills while they are mobilised: read about the benefits of employing Reservists.
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Defence Relationship Management (DRM) advice for employers
In this guide:
Legal obligations when employing Reservists
This legislation gives Reservists a more prominent role within Future Reserves 2020 and greater job security.
Since 1 October 2014, Reservists and their employers are affected by legal changes announced within the Defence Reform Act 2014.
These changes are a big step forward, as they address employers' views fed into the White Paper indicating that the costs of employing a Reservist outweighed the benefits. The 2014 legislation also gives Reservists a more prominent role within Future Reserves 2020 (FR20) and greater job security.
Broader powers for mobilisation
Defence can now call out Reservists for any purpose for which Regulars may be used - previously, they could only be called out to serve in specific circumstances. This will ensure that Reservists become more fully integrated into the Regular Forces.
Also, the maximum period for which Reservists may be mobilised has increased from nine to twelve months. The twelve-month period of mobilisation will cover training, deployment, and recuperation after service.
Those Reservists who joined before 1 October 2014 have a choice whether or not to transfer to these new terms. However, anyone joining on or after 1 October 2014 will be automatically subject to them.
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers. It has replaced the SaBRE (Supporting Britain's Reservists and Employers) brand throughout the UK, though the Regional Employer Engagement Directors still exist to assist employers and reservists within their regions. Read DRM guidance on employing a Reservist.
Additional financial support for employers
SMEs and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised. This financial incentive is on top of the existing Employer's Award which covers the cost of replacing Reservists when they are mobilised and claiming re-training costs when they return to work.
Employment protection
Reservists are exempt from the one-year qualifying period in bringing unfair dismissal claims to an employment tribunal if the reason; or primary reason for dismissal is their being a Reservist.
Territorial Army renamed Army Reserve
The Territorial Army volunteer reserve force is now called the Army Reserve.
Annual reporting on volunteer Reserve Forces
Each year, the Reserve Force and Cadets Associations are required to report to the Secretary of State for Defence on how well FR20 is being delivered and on the health of the Reserves. This information will provide valuable independent scrutiny of the Reserve Forces.
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Types of Reservists
The different types of Reservist, and the different services they serve with.
There are several categories of Reservist, each subject to different mobilisation rules, depending on their experience and skills.
Reserve Forces
The Army, Navy and Royal Air Force (RAF) each have their own Reserve Force:
- the Army Reserve is the Reserve Force for the Army
- the Royal Naval Reserve and the Royal Marines Reserve (known as the Maritime Reserves)
- Reserve Air Forces, including the RAF Reserves and Royal Auxiliary Air Force, is the Reserve Force for the RAF
The Army Reserve is the largest Reserve Force and the one that you are most likely to encounter as an employer.
Reservists are grouped according both to their duties and their level of readiness for mobilisation:
- Volunteer Reservists have an ongoing training commitment and can be mobilised - see Reservists: mobilisation and initial call-out procedure
- Regular Reserves (former members of Armed Forces)
- those on Full-Time Reserve Service (serving full-time for the fixed sabbatical period)
- Additional Duties Commitment (part-time service with Armed Forces)
- High Readiness Reservists (have specialist skills and are subject to short-notice mobilisation)
- Sponsored Reserves (defence contractors with the agreed proportion of Reservists)
Volunteer Reservists
The Ministry of Defence chooses individual Volunteer Reservists for duty using an 'intelligent selection' process. This allows Reservists to be selected according to their individual skills and allows a unit to take into account a Reservist's personal and employment circumstances.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers.
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Defence Relationship Management (DRM) advice for employers
Advice and support for employers on Reservist issues from Defence Relationship Management.
Defence Relationship Management (DRM) is the single point of contact linking employers with the Ministry of Defence (MOD).
DRM can advise you on:
- how to develop a Reservist human resources policy
- Reservists' training obligations
- employers' rights and responsibilities
- the benefits of employing Reservists
- mobilisation issues
Read more on what to expect if a reservist employee is called up for service.
Defence Employer Support
You can contact Defence Employer Support by emailing employerrelations@rfca.mod.uk. In addition, the DRM is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
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Benefits of employing Reservists
Reservist skills and training can make a significant contribution to businesses.
Reservists receive military training that can benefit civilian employers. The training takes place throughout the year and at an annual camp. It can be in an exercise or classroom-based setting.
Read more on Reservists' military training commitments.
Skills developed through Reservist training
Reservists' training covers a wide range of skills and disciplines such as:
- teamwork
- self-confidence
- decision-making
- leadership
- presentation skills
- project management
Specific training skills
Some training is undertaken in order to help Reservists acquire specific trade skills, qualifications or promotion which can cover useful skills in:
- document handling
- communications
- computer systems
- planning and implementation
- assessing situations quickly
- adapting to challenges
Defence Relationship Management (DRM) can provide information on the different types of Army Reserve training and their application to civilian employment.
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Rights and responsibilities of Reservist employers
Employers' rights regarding Reservist mobilisation, financial assistance, reinstatement, and redundancies.
Employers have a right to manage Reservist employees according to the needs of the organisation, but this should be balanced with certain legal responsibilities regarding their liability for mobilisation and reinstatement at work afterwards.
Your rights as a Reservist employer
Reservists are encouraged to inform their employer of their Reserve Forces membership. In Great Britain, if you recruit an employee who is a Reservist - or an existing employee becomes one - the Ministry of Defence (MoD) will write to you under the 'Employer Notification' system to confirm that they are a member of the Reserve Forces. However, this formal channel of notification does not apply in Northern Ireland. The onus will be on the Reservist to inform you of their status.
Employers should check employment contracts, as these may need to be amended for new employees who are Reservists, eg if having a second job is usually against company policy.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Other employer rights include:
- The MoD aims to give at least 28 days' notice of a Reservist employee's mobilisation.
- The right to appeal against mobilisation if it would harm the business.
- Financial assistance for certain costs associated with finding a replacement.
- Not paying the Reservist a salary or associated benefits - eg company car - during their mobilisation.
- Changes since 1 October 2014 give businesses financial incentives worth up to £6,000 a year per mobilised Reservist. Small or medium-sized enterprises (SMEs) and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised.
- No obligation to grant extra annual leave to allow for training commitments. Many employers recognise the benefits that such training provides and choose to grant additional leave. Search a list of employers that provide additional leave for Reservists.
Read about financial assistance available to employers of Reservists.
Your obligations as a Reservist employer
After a Reservist returns from mobilisation, you have a legal obligation to re-employ them in their original role. If you cannot reinstate the Reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service (or as near as practicable).
You cannot dismiss a Reservist employee solely on the grounds of their Reserve Service duties or their liability to be mobilised. If you do, the employee can apply to a Reinstatement Committee, which works in a similar way to an industrial tribunal.
For more information, see reinstating or re-engaging an employee after unfair dismissal or reservist service.
Reservists can be included in the redundancy pool if this is necessary due to a downturn in business or the closure of a department or branch. However, all employees should be treated the same, and redundancy criteria should not discriminate against Reservists on the grounds of their Reserve service or call-up liability.
There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26 or 52-week period, depending on their previous length of service.
Read more on what to expect if a Reservist employee is called up for service.
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Reservists' military training commitments
How military training time can both impact and benefit you as an employer of Reservists.
Reservists are committed to undergoing military training throughout the year, much of which can directly benefit their employer when they return to their civilian jobs.
The main annual training commitment is a two-week training camp. Other commitments may affect Reservist employees who usually work outside of normal office hours, eg:
- weekly training - held locally for about 2.5 hours, one evening a week
- weekend training - several weekends throughout the year
Some Reservists undergo additional voluntary training in areas such as health and safety, IT, and personnel management. Read more on the benefits of employing Reservists.
Some employers grant Reservists extra leave for training but there is no obligation for you to do so.
Read more about what employers in your sector are doing to support their Reservist employees.
Also see rights and responsibilities of Reservist employers.
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Benefits of employing Reservists
In this guide:
Legal obligations when employing Reservists
This legislation gives Reservists a more prominent role within Future Reserves 2020 and greater job security.
Since 1 October 2014, Reservists and their employers are affected by legal changes announced within the Defence Reform Act 2014.
These changes are a big step forward, as they address employers' views fed into the White Paper indicating that the costs of employing a Reservist outweighed the benefits. The 2014 legislation also gives Reservists a more prominent role within Future Reserves 2020 (FR20) and greater job security.
Broader powers for mobilisation
Defence can now call out Reservists for any purpose for which Regulars may be used - previously, they could only be called out to serve in specific circumstances. This will ensure that Reservists become more fully integrated into the Regular Forces.
Also, the maximum period for which Reservists may be mobilised has increased from nine to twelve months. The twelve-month period of mobilisation will cover training, deployment, and recuperation after service.
Those Reservists who joined before 1 October 2014 have a choice whether or not to transfer to these new terms. However, anyone joining on or after 1 October 2014 will be automatically subject to them.
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers. It has replaced the SaBRE (Supporting Britain's Reservists and Employers) brand throughout the UK, though the Regional Employer Engagement Directors still exist to assist employers and reservists within their regions. Read DRM guidance on employing a Reservist.
Additional financial support for employers
SMEs and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised. This financial incentive is on top of the existing Employer's Award which covers the cost of replacing Reservists when they are mobilised and claiming re-training costs when they return to work.
Employment protection
Reservists are exempt from the one-year qualifying period in bringing unfair dismissal claims to an employment tribunal if the reason; or primary reason for dismissal is their being a Reservist.
Territorial Army renamed Army Reserve
The Territorial Army volunteer reserve force is now called the Army Reserve.
Annual reporting on volunteer Reserve Forces
Each year, the Reserve Force and Cadets Associations are required to report to the Secretary of State for Defence on how well FR20 is being delivered and on the health of the Reserves. This information will provide valuable independent scrutiny of the Reserve Forces.
Developed withAlso on this siteContent category
Source URL
/content/legal-obligations-when-employing-reservists
Links
Types of Reservists
The different types of Reservist, and the different services they serve with.
There are several categories of Reservist, each subject to different mobilisation rules, depending on their experience and skills.
Reserve Forces
The Army, Navy and Royal Air Force (RAF) each have their own Reserve Force:
- the Army Reserve is the Reserve Force for the Army
- the Royal Naval Reserve and the Royal Marines Reserve (known as the Maritime Reserves)
- Reserve Air Forces, including the RAF Reserves and Royal Auxiliary Air Force, is the Reserve Force for the RAF
The Army Reserve is the largest Reserve Force and the one that you are most likely to encounter as an employer.
Reservists are grouped according both to their duties and their level of readiness for mobilisation:
- Volunteer Reservists have an ongoing training commitment and can be mobilised - see Reservists: mobilisation and initial call-out procedure
- Regular Reserves (former members of Armed Forces)
- those on Full-Time Reserve Service (serving full-time for the fixed sabbatical period)
- Additional Duties Commitment (part-time service with Armed Forces)
- High Readiness Reservists (have specialist skills and are subject to short-notice mobilisation)
- Sponsored Reserves (defence contractors with the agreed proportion of Reservists)
Volunteer Reservists
The Ministry of Defence chooses individual Volunteer Reservists for duty using an 'intelligent selection' process. This allows Reservists to be selected according to their individual skills and allows a unit to take into account a Reservist's personal and employment circumstances.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers.
Developed withAlso on this siteContent category
Source URL
/content/types-reservists
Links
Defence Relationship Management (DRM) advice for employers
Advice and support for employers on Reservist issues from Defence Relationship Management.
Defence Relationship Management (DRM) is the single point of contact linking employers with the Ministry of Defence (MOD).
DRM can advise you on:
- how to develop a Reservist human resources policy
- Reservists' training obligations
- employers' rights and responsibilities
- the benefits of employing Reservists
- mobilisation issues
Read more on what to expect if a reservist employee is called up for service.
Defence Employer Support
You can contact Defence Employer Support by emailing employerrelations@rfca.mod.uk. In addition, the DRM is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Developed withAlso on this siteContent category
Source URL
/content/defence-relationship-management-drm-advice-employers
Links
Benefits of employing Reservists
Reservist skills and training can make a significant contribution to businesses.
Reservists receive military training that can benefit civilian employers. The training takes place throughout the year and at an annual camp. It can be in an exercise or classroom-based setting.
Read more on Reservists' military training commitments.
Skills developed through Reservist training
Reservists' training covers a wide range of skills and disciplines such as:
- teamwork
- self-confidence
- decision-making
- leadership
- presentation skills
- project management
Specific training skills
Some training is undertaken in order to help Reservists acquire specific trade skills, qualifications or promotion which can cover useful skills in:
- document handling
- communications
- computer systems
- planning and implementation
- assessing situations quickly
- adapting to challenges
Defence Relationship Management (DRM) can provide information on the different types of Army Reserve training and their application to civilian employment.
Developed withAlso on this siteContent category
Source URL
/content/benefits-employing-reservists
Links
Rights and responsibilities of Reservist employers
Employers' rights regarding Reservist mobilisation, financial assistance, reinstatement, and redundancies.
Employers have a right to manage Reservist employees according to the needs of the organisation, but this should be balanced with certain legal responsibilities regarding their liability for mobilisation and reinstatement at work afterwards.
Your rights as a Reservist employer
Reservists are encouraged to inform their employer of their Reserve Forces membership. In Great Britain, if you recruit an employee who is a Reservist - or an existing employee becomes one - the Ministry of Defence (MoD) will write to you under the 'Employer Notification' system to confirm that they are a member of the Reserve Forces. However, this formal channel of notification does not apply in Northern Ireland. The onus will be on the Reservist to inform you of their status.
Employers should check employment contracts, as these may need to be amended for new employees who are Reservists, eg if having a second job is usually against company policy.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Other employer rights include:
- The MoD aims to give at least 28 days' notice of a Reservist employee's mobilisation.
- The right to appeal against mobilisation if it would harm the business.
- Financial assistance for certain costs associated with finding a replacement.
- Not paying the Reservist a salary or associated benefits - eg company car - during their mobilisation.
- Changes since 1 October 2014 give businesses financial incentives worth up to £6,000 a year per mobilised Reservist. Small or medium-sized enterprises (SMEs) and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised.
- No obligation to grant extra annual leave to allow for training commitments. Many employers recognise the benefits that such training provides and choose to grant additional leave. Search a list of employers that provide additional leave for Reservists.
Read about financial assistance available to employers of Reservists.
Your obligations as a Reservist employer
After a Reservist returns from mobilisation, you have a legal obligation to re-employ them in their original role. If you cannot reinstate the Reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service (or as near as practicable).
You cannot dismiss a Reservist employee solely on the grounds of their Reserve Service duties or their liability to be mobilised. If you do, the employee can apply to a Reinstatement Committee, which works in a similar way to an industrial tribunal.
For more information, see reinstating or re-engaging an employee after unfair dismissal or reservist service.
Reservists can be included in the redundancy pool if this is necessary due to a downturn in business or the closure of a department or branch. However, all employees should be treated the same, and redundancy criteria should not discriminate against Reservists on the grounds of their Reserve service or call-up liability.
There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26 or 52-week period, depending on their previous length of service.
Read more on what to expect if a Reservist employee is called up for service.
Developed withActionsAlso on this siteContent category
Source URL
/content/rights-and-responsibilities-reservist-employers
Links
Reservists' military training commitments
How military training time can both impact and benefit you as an employer of Reservists.
Reservists are committed to undergoing military training throughout the year, much of which can directly benefit their employer when they return to their civilian jobs.
The main annual training commitment is a two-week training camp. Other commitments may affect Reservist employees who usually work outside of normal office hours, eg:
- weekly training - held locally for about 2.5 hours, one evening a week
- weekend training - several weekends throughout the year
Some Reservists undergo additional voluntary training in areas such as health and safety, IT, and personnel management. Read more on the benefits of employing Reservists.
Some employers grant Reservists extra leave for training but there is no obligation for you to do so.
Read more about what employers in your sector are doing to support their Reservist employees.
Also see rights and responsibilities of Reservist employers.
Developed withAlso on this siteContent category
Source URL
/content/reservists-military-training-commitments
Links
Types of Reservists
In this guide:
Legal obligations when employing Reservists
This legislation gives Reservists a more prominent role within Future Reserves 2020 and greater job security.
Since 1 October 2014, Reservists and their employers are affected by legal changes announced within the Defence Reform Act 2014.
These changes are a big step forward, as they address employers' views fed into the White Paper indicating that the costs of employing a Reservist outweighed the benefits. The 2014 legislation also gives Reservists a more prominent role within Future Reserves 2020 (FR20) and greater job security.
Broader powers for mobilisation
Defence can now call out Reservists for any purpose for which Regulars may be used - previously, they could only be called out to serve in specific circumstances. This will ensure that Reservists become more fully integrated into the Regular Forces.
Also, the maximum period for which Reservists may be mobilised has increased from nine to twelve months. The twelve-month period of mobilisation will cover training, deployment, and recuperation after service.
Those Reservists who joined before 1 October 2014 have a choice whether or not to transfer to these new terms. However, anyone joining on or after 1 October 2014 will be automatically subject to them.
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers. It has replaced the SaBRE (Supporting Britain's Reservists and Employers) brand throughout the UK, though the Regional Employer Engagement Directors still exist to assist employers and reservists within their regions. Read DRM guidance on employing a Reservist.
Additional financial support for employers
SMEs and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised. This financial incentive is on top of the existing Employer's Award which covers the cost of replacing Reservists when they are mobilised and claiming re-training costs when they return to work.
Employment protection
Reservists are exempt from the one-year qualifying period in bringing unfair dismissal claims to an employment tribunal if the reason; or primary reason for dismissal is their being a Reservist.
Territorial Army renamed Army Reserve
The Territorial Army volunteer reserve force is now called the Army Reserve.
Annual reporting on volunteer Reserve Forces
Each year, the Reserve Force and Cadets Associations are required to report to the Secretary of State for Defence on how well FR20 is being delivered and on the health of the Reserves. This information will provide valuable independent scrutiny of the Reserve Forces.
Developed withAlso on this siteContent category
Source URL
/content/legal-obligations-when-employing-reservists
Links
Types of Reservists
The different types of Reservist, and the different services they serve with.
There are several categories of Reservist, each subject to different mobilisation rules, depending on their experience and skills.
Reserve Forces
The Army, Navy and Royal Air Force (RAF) each have their own Reserve Force:
- the Army Reserve is the Reserve Force for the Army
- the Royal Naval Reserve and the Royal Marines Reserve (known as the Maritime Reserves)
- Reserve Air Forces, including the RAF Reserves and Royal Auxiliary Air Force, is the Reserve Force for the RAF
The Army Reserve is the largest Reserve Force and the one that you are most likely to encounter as an employer.
Reservists are grouped according both to their duties and their level of readiness for mobilisation:
- Volunteer Reservists have an ongoing training commitment and can be mobilised - see Reservists: mobilisation and initial call-out procedure
- Regular Reserves (former members of Armed Forces)
- those on Full-Time Reserve Service (serving full-time for the fixed sabbatical period)
- Additional Duties Commitment (part-time service with Armed Forces)
- High Readiness Reservists (have specialist skills and are subject to short-notice mobilisation)
- Sponsored Reserves (defence contractors with the agreed proportion of Reservists)
Volunteer Reservists
The Ministry of Defence chooses individual Volunteer Reservists for duty using an 'intelligent selection' process. This allows Reservists to be selected according to their individual skills and allows a unit to take into account a Reservist's personal and employment circumstances.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers.
Developed withAlso on this siteContent category
Source URL
/content/types-reservists
Links
Defence Relationship Management (DRM) advice for employers
Advice and support for employers on Reservist issues from Defence Relationship Management.
Defence Relationship Management (DRM) is the single point of contact linking employers with the Ministry of Defence (MOD).
DRM can advise you on:
- how to develop a Reservist human resources policy
- Reservists' training obligations
- employers' rights and responsibilities
- the benefits of employing Reservists
- mobilisation issues
Read more on what to expect if a reservist employee is called up for service.
Defence Employer Support
You can contact Defence Employer Support by emailing employerrelations@rfca.mod.uk. In addition, the DRM is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Developed withAlso on this siteContent category
Source URL
/content/defence-relationship-management-drm-advice-employers
Links
Benefits of employing Reservists
Reservist skills and training can make a significant contribution to businesses.
Reservists receive military training that can benefit civilian employers. The training takes place throughout the year and at an annual camp. It can be in an exercise or classroom-based setting.
Read more on Reservists' military training commitments.
Skills developed through Reservist training
Reservists' training covers a wide range of skills and disciplines such as:
- teamwork
- self-confidence
- decision-making
- leadership
- presentation skills
- project management
Specific training skills
Some training is undertaken in order to help Reservists acquire specific trade skills, qualifications or promotion which can cover useful skills in:
- document handling
- communications
- computer systems
- planning and implementation
- assessing situations quickly
- adapting to challenges
Defence Relationship Management (DRM) can provide information on the different types of Army Reserve training and their application to civilian employment.
Developed withAlso on this siteContent category
Source URL
/content/benefits-employing-reservists
Links
Rights and responsibilities of Reservist employers
Employers' rights regarding Reservist mobilisation, financial assistance, reinstatement, and redundancies.
Employers have a right to manage Reservist employees according to the needs of the organisation, but this should be balanced with certain legal responsibilities regarding their liability for mobilisation and reinstatement at work afterwards.
Your rights as a Reservist employer
Reservists are encouraged to inform their employer of their Reserve Forces membership. In Great Britain, if you recruit an employee who is a Reservist - or an existing employee becomes one - the Ministry of Defence (MoD) will write to you under the 'Employer Notification' system to confirm that they are a member of the Reserve Forces. However, this formal channel of notification does not apply in Northern Ireland. The onus will be on the Reservist to inform you of their status.
Employers should check employment contracts, as these may need to be amended for new employees who are Reservists, eg if having a second job is usually against company policy.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Other employer rights include:
- The MoD aims to give at least 28 days' notice of a Reservist employee's mobilisation.
- The right to appeal against mobilisation if it would harm the business.
- Financial assistance for certain costs associated with finding a replacement.
- Not paying the Reservist a salary or associated benefits - eg company car - during their mobilisation.
- Changes since 1 October 2014 give businesses financial incentives worth up to £6,000 a year per mobilised Reservist. Small or medium-sized enterprises (SMEs) and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised.
- No obligation to grant extra annual leave to allow for training commitments. Many employers recognise the benefits that such training provides and choose to grant additional leave. Search a list of employers that provide additional leave for Reservists.
Read about financial assistance available to employers of Reservists.
Your obligations as a Reservist employer
After a Reservist returns from mobilisation, you have a legal obligation to re-employ them in their original role. If you cannot reinstate the Reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service (or as near as practicable).
You cannot dismiss a Reservist employee solely on the grounds of their Reserve Service duties or their liability to be mobilised. If you do, the employee can apply to a Reinstatement Committee, which works in a similar way to an industrial tribunal.
For more information, see reinstating or re-engaging an employee after unfair dismissal or reservist service.
Reservists can be included in the redundancy pool if this is necessary due to a downturn in business or the closure of a department or branch. However, all employees should be treated the same, and redundancy criteria should not discriminate against Reservists on the grounds of their Reserve service or call-up liability.
There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26 or 52-week period, depending on their previous length of service.
Read more on what to expect if a Reservist employee is called up for service.
Developed withActionsAlso on this siteContent category
Source URL
/content/rights-and-responsibilities-reservist-employers
Links
Reservists' military training commitments
How military training time can both impact and benefit you as an employer of Reservists.
Reservists are committed to undergoing military training throughout the year, much of which can directly benefit their employer when they return to their civilian jobs.
The main annual training commitment is a two-week training camp. Other commitments may affect Reservist employees who usually work outside of normal office hours, eg:
- weekly training - held locally for about 2.5 hours, one evening a week
- weekend training - several weekends throughout the year
Some Reservists undergo additional voluntary training in areas such as health and safety, IT, and personnel management. Read more on the benefits of employing Reservists.
Some employers grant Reservists extra leave for training but there is no obligation for you to do so.
Read more about what employers in your sector are doing to support their Reservist employees.
Also see rights and responsibilities of Reservist employers.
Developed withAlso on this siteContent category
Source URL
/content/reservists-military-training-commitments
Links
Reservists' military training commitments
In this guide:
Legal obligations when employing Reservists
This legislation gives Reservists a more prominent role within Future Reserves 2020 and greater job security.
Since 1 October 2014, Reservists and their employers are affected by legal changes announced within the Defence Reform Act 2014.
These changes are a big step forward, as they address employers' views fed into the White Paper indicating that the costs of employing a Reservist outweighed the benefits. The 2014 legislation also gives Reservists a more prominent role within Future Reserves 2020 (FR20) and greater job security.
Broader powers for mobilisation
Defence can now call out Reservists for any purpose for which Regulars may be used - previously, they could only be called out to serve in specific circumstances. This will ensure that Reservists become more fully integrated into the Regular Forces.
Also, the maximum period for which Reservists may be mobilised has increased from nine to twelve months. The twelve-month period of mobilisation will cover training, deployment, and recuperation after service.
Those Reservists who joined before 1 October 2014 have a choice whether or not to transfer to these new terms. However, anyone joining on or after 1 October 2014 will be automatically subject to them.
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers. It has replaced the SaBRE (Supporting Britain's Reservists and Employers) brand throughout the UK, though the Regional Employer Engagement Directors still exist to assist employers and reservists within their regions. Read DRM guidance on employing a Reservist.
Additional financial support for employers
SMEs and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised. This financial incentive is on top of the existing Employer's Award which covers the cost of replacing Reservists when they are mobilised and claiming re-training costs when they return to work.
Employment protection
Reservists are exempt from the one-year qualifying period in bringing unfair dismissal claims to an employment tribunal if the reason; or primary reason for dismissal is their being a Reservist.
Territorial Army renamed Army Reserve
The Territorial Army volunteer reserve force is now called the Army Reserve.
Annual reporting on volunteer Reserve Forces
Each year, the Reserve Force and Cadets Associations are required to report to the Secretary of State for Defence on how well FR20 is being delivered and on the health of the Reserves. This information will provide valuable independent scrutiny of the Reserve Forces.
Developed withAlso on this siteContent category
Source URL
/content/legal-obligations-when-employing-reservists
Links
Types of Reservists
The different types of Reservist, and the different services they serve with.
There are several categories of Reservist, each subject to different mobilisation rules, depending on their experience and skills.
Reserve Forces
The Army, Navy and Royal Air Force (RAF) each have their own Reserve Force:
- the Army Reserve is the Reserve Force for the Army
- the Royal Naval Reserve and the Royal Marines Reserve (known as the Maritime Reserves)
- Reserve Air Forces, including the RAF Reserves and Royal Auxiliary Air Force, is the Reserve Force for the RAF
The Army Reserve is the largest Reserve Force and the one that you are most likely to encounter as an employer.
Reservists are grouped according both to their duties and their level of readiness for mobilisation:
- Volunteer Reservists have an ongoing training commitment and can be mobilised - see Reservists: mobilisation and initial call-out procedure
- Regular Reserves (former members of Armed Forces)
- those on Full-Time Reserve Service (serving full-time for the fixed sabbatical period)
- Additional Duties Commitment (part-time service with Armed Forces)
- High Readiness Reservists (have specialist skills and are subject to short-notice mobilisation)
- Sponsored Reserves (defence contractors with the agreed proportion of Reservists)
Volunteer Reservists
The Ministry of Defence chooses individual Volunteer Reservists for duty using an 'intelligent selection' process. This allows Reservists to be selected according to their individual skills and allows a unit to take into account a Reservist's personal and employment circumstances.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers.
Developed withAlso on this siteContent category
Source URL
/content/types-reservists
Links
Defence Relationship Management (DRM) advice for employers
Advice and support for employers on Reservist issues from Defence Relationship Management.
Defence Relationship Management (DRM) is the single point of contact linking employers with the Ministry of Defence (MOD).
DRM can advise you on:
- how to develop a Reservist human resources policy
- Reservists' training obligations
- employers' rights and responsibilities
- the benefits of employing Reservists
- mobilisation issues
Read more on what to expect if a reservist employee is called up for service.
Defence Employer Support
You can contact Defence Employer Support by emailing employerrelations@rfca.mod.uk. In addition, the DRM is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Developed withAlso on this siteContent category
Source URL
/content/defence-relationship-management-drm-advice-employers
Links
Benefits of employing Reservists
Reservist skills and training can make a significant contribution to businesses.
Reservists receive military training that can benefit civilian employers. The training takes place throughout the year and at an annual camp. It can be in an exercise or classroom-based setting.
Read more on Reservists' military training commitments.
Skills developed through Reservist training
Reservists' training covers a wide range of skills and disciplines such as:
- teamwork
- self-confidence
- decision-making
- leadership
- presentation skills
- project management
Specific training skills
Some training is undertaken in order to help Reservists acquire specific trade skills, qualifications or promotion which can cover useful skills in:
- document handling
- communications
- computer systems
- planning and implementation
- assessing situations quickly
- adapting to challenges
Defence Relationship Management (DRM) can provide information on the different types of Army Reserve training and their application to civilian employment.
Developed withAlso on this siteContent category
Source URL
/content/benefits-employing-reservists
Links
Rights and responsibilities of Reservist employers
Employers' rights regarding Reservist mobilisation, financial assistance, reinstatement, and redundancies.
Employers have a right to manage Reservist employees according to the needs of the organisation, but this should be balanced with certain legal responsibilities regarding their liability for mobilisation and reinstatement at work afterwards.
Your rights as a Reservist employer
Reservists are encouraged to inform their employer of their Reserve Forces membership. In Great Britain, if you recruit an employee who is a Reservist - or an existing employee becomes one - the Ministry of Defence (MoD) will write to you under the 'Employer Notification' system to confirm that they are a member of the Reserve Forces. However, this formal channel of notification does not apply in Northern Ireland. The onus will be on the Reservist to inform you of their status.
Employers should check employment contracts, as these may need to be amended for new employees who are Reservists, eg if having a second job is usually against company policy.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Other employer rights include:
- The MoD aims to give at least 28 days' notice of a Reservist employee's mobilisation.
- The right to appeal against mobilisation if it would harm the business.
- Financial assistance for certain costs associated with finding a replacement.
- Not paying the Reservist a salary or associated benefits - eg company car - during their mobilisation.
- Changes since 1 October 2014 give businesses financial incentives worth up to £6,000 a year per mobilised Reservist. Small or medium-sized enterprises (SMEs) and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised.
- No obligation to grant extra annual leave to allow for training commitments. Many employers recognise the benefits that such training provides and choose to grant additional leave. Search a list of employers that provide additional leave for Reservists.
Read about financial assistance available to employers of Reservists.
Your obligations as a Reservist employer
After a Reservist returns from mobilisation, you have a legal obligation to re-employ them in their original role. If you cannot reinstate the Reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service (or as near as practicable).
You cannot dismiss a Reservist employee solely on the grounds of their Reserve Service duties or their liability to be mobilised. If you do, the employee can apply to a Reinstatement Committee, which works in a similar way to an industrial tribunal.
For more information, see reinstating or re-engaging an employee after unfair dismissal or reservist service.
Reservists can be included in the redundancy pool if this is necessary due to a downturn in business or the closure of a department or branch. However, all employees should be treated the same, and redundancy criteria should not discriminate against Reservists on the grounds of their Reserve service or call-up liability.
There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26 or 52-week period, depending on their previous length of service.
Read more on what to expect if a Reservist employee is called up for service.
Developed withActionsAlso on this siteContent category
Source URL
/content/rights-and-responsibilities-reservist-employers
Links
Reservists' military training commitments
How military training time can both impact and benefit you as an employer of Reservists.
Reservists are committed to undergoing military training throughout the year, much of which can directly benefit their employer when they return to their civilian jobs.
The main annual training commitment is a two-week training camp. Other commitments may affect Reservist employees who usually work outside of normal office hours, eg:
- weekly training - held locally for about 2.5 hours, one evening a week
- weekend training - several weekends throughout the year
Some Reservists undergo additional voluntary training in areas such as health and safety, IT, and personnel management. Read more on the benefits of employing Reservists.
Some employers grant Reservists extra leave for training but there is no obligation for you to do so.
Read more about what employers in your sector are doing to support their Reservist employees.
Also see rights and responsibilities of Reservist employers.
Developed withAlso on this siteContent category
Source URL
/content/reservists-military-training-commitments
Links
Rights and responsibilities of Reservist employers
In this guide:
Legal obligations when employing Reservists
This legislation gives Reservists a more prominent role within Future Reserves 2020 and greater job security.
Since 1 October 2014, Reservists and their employers are affected by legal changes announced within the Defence Reform Act 2014.
These changes are a big step forward, as they address employers' views fed into the White Paper indicating that the costs of employing a Reservist outweighed the benefits. The 2014 legislation also gives Reservists a more prominent role within Future Reserves 2020 (FR20) and greater job security.
Broader powers for mobilisation
Defence can now call out Reservists for any purpose for which Regulars may be used - previously, they could only be called out to serve in specific circumstances. This will ensure that Reservists become more fully integrated into the Regular Forces.
Also, the maximum period for which Reservists may be mobilised has increased from nine to twelve months. The twelve-month period of mobilisation will cover training, deployment, and recuperation after service.
Those Reservists who joined before 1 October 2014 have a choice whether or not to transfer to these new terms. However, anyone joining on or after 1 October 2014 will be automatically subject to them.
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers. It has replaced the SaBRE (Supporting Britain's Reservists and Employers) brand throughout the UK, though the Regional Employer Engagement Directors still exist to assist employers and reservists within their regions. Read DRM guidance on employing a Reservist.
Additional financial support for employers
SMEs and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised. This financial incentive is on top of the existing Employer's Award which covers the cost of replacing Reservists when they are mobilised and claiming re-training costs when they return to work.
Employment protection
Reservists are exempt from the one-year qualifying period in bringing unfair dismissal claims to an employment tribunal if the reason; or primary reason for dismissal is their being a Reservist.
Territorial Army renamed Army Reserve
The Territorial Army volunteer reserve force is now called the Army Reserve.
Annual reporting on volunteer Reserve Forces
Each year, the Reserve Force and Cadets Associations are required to report to the Secretary of State for Defence on how well FR20 is being delivered and on the health of the Reserves. This information will provide valuable independent scrutiny of the Reserve Forces.
Developed withAlso on this siteContent category
Source URL
/content/legal-obligations-when-employing-reservists
Links
Types of Reservists
The different types of Reservist, and the different services they serve with.
There are several categories of Reservist, each subject to different mobilisation rules, depending on their experience and skills.
Reserve Forces
The Army, Navy and Royal Air Force (RAF) each have their own Reserve Force:
- the Army Reserve is the Reserve Force for the Army
- the Royal Naval Reserve and the Royal Marines Reserve (known as the Maritime Reserves)
- Reserve Air Forces, including the RAF Reserves and Royal Auxiliary Air Force, is the Reserve Force for the RAF
The Army Reserve is the largest Reserve Force and the one that you are most likely to encounter as an employer.
Reservists are grouped according both to their duties and their level of readiness for mobilisation:
- Volunteer Reservists have an ongoing training commitment and can be mobilised - see Reservists: mobilisation and initial call-out procedure
- Regular Reserves (former members of Armed Forces)
- those on Full-Time Reserve Service (serving full-time for the fixed sabbatical period)
- Additional Duties Commitment (part-time service with Armed Forces)
- High Readiness Reservists (have specialist skills and are subject to short-notice mobilisation)
- Sponsored Reserves (defence contractors with the agreed proportion of Reservists)
Volunteer Reservists
The Ministry of Defence chooses individual Volunteer Reservists for duty using an 'intelligent selection' process. This allows Reservists to be selected according to their individual skills and allows a unit to take into account a Reservist's personal and employment circumstances.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers.
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Defence Relationship Management (DRM) advice for employers
Advice and support for employers on Reservist issues from Defence Relationship Management.
Defence Relationship Management (DRM) is the single point of contact linking employers with the Ministry of Defence (MOD).
DRM can advise you on:
- how to develop a Reservist human resources policy
- Reservists' training obligations
- employers' rights and responsibilities
- the benefits of employing Reservists
- mobilisation issues
Read more on what to expect if a reservist employee is called up for service.
Defence Employer Support
You can contact Defence Employer Support by emailing employerrelations@rfca.mod.uk. In addition, the DRM is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
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Benefits of employing Reservists
Reservist skills and training can make a significant contribution to businesses.
Reservists receive military training that can benefit civilian employers. The training takes place throughout the year and at an annual camp. It can be in an exercise or classroom-based setting.
Read more on Reservists' military training commitments.
Skills developed through Reservist training
Reservists' training covers a wide range of skills and disciplines such as:
- teamwork
- self-confidence
- decision-making
- leadership
- presentation skills
- project management
Specific training skills
Some training is undertaken in order to help Reservists acquire specific trade skills, qualifications or promotion which can cover useful skills in:
- document handling
- communications
- computer systems
- planning and implementation
- assessing situations quickly
- adapting to challenges
Defence Relationship Management (DRM) can provide information on the different types of Army Reserve training and their application to civilian employment.
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Rights and responsibilities of Reservist employers
Employers' rights regarding Reservist mobilisation, financial assistance, reinstatement, and redundancies.
Employers have a right to manage Reservist employees according to the needs of the organisation, but this should be balanced with certain legal responsibilities regarding their liability for mobilisation and reinstatement at work afterwards.
Your rights as a Reservist employer
Reservists are encouraged to inform their employer of their Reserve Forces membership. In Great Britain, if you recruit an employee who is a Reservist - or an existing employee becomes one - the Ministry of Defence (MoD) will write to you under the 'Employer Notification' system to confirm that they are a member of the Reserve Forces. However, this formal channel of notification does not apply in Northern Ireland. The onus will be on the Reservist to inform you of their status.
Employers should check employment contracts, as these may need to be amended for new employees who are Reservists, eg if having a second job is usually against company policy.
Defence Relationship Management (DRM) supports members of the Reserve Forces and their employers. The Regional Employer Engagement Director (REED) for Northern Ireland can advise you on employment issues on Tel 028 9521 6794.
Other employer rights include:
- The MoD aims to give at least 28 days' notice of a Reservist employee's mobilisation.
- The right to appeal against mobilisation if it would harm the business.
- Financial assistance for certain costs associated with finding a replacement.
- Not paying the Reservist a salary or associated benefits - eg company car - during their mobilisation.
- Changes since 1 October 2014 give businesses financial incentives worth up to £6,000 a year per mobilised Reservist. Small or medium-sized enterprises (SMEs) and equivalent-sized charities and partnerships are allowed to claim up to £500 for each month their Reservist employee is mobilised.
- No obligation to grant extra annual leave to allow for training commitments. Many employers recognise the benefits that such training provides and choose to grant additional leave. Search a list of employers that provide additional leave for Reservists.
Read about financial assistance available to employers of Reservists.
Your obligations as a Reservist employer
After a Reservist returns from mobilisation, you have a legal obligation to re-employ them in their original role. If you cannot reinstate the Reservist in their original role, you must offer a suitable alternative position with the same terms and conditions of service (or as near as practicable).
You cannot dismiss a Reservist employee solely on the grounds of their Reserve Service duties or their liability to be mobilised. If you do, the employee can apply to a Reinstatement Committee, which works in a similar way to an industrial tribunal.
For more information, see reinstating or re-engaging an employee after unfair dismissal or reservist service.
Reservists can be included in the redundancy pool if this is necessary due to a downturn in business or the closure of a department or branch. However, all employees should be treated the same, and redundancy criteria should not discriminate against Reservists on the grounds of their Reserve service or call-up liability.
There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26 or 52-week period, depending on their previous length of service.
Read more on what to expect if a Reservist employee is called up for service.
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Reservists' military training commitments
How military training time can both impact and benefit you as an employer of Reservists.
Reservists are committed to undergoing military training throughout the year, much of which can directly benefit their employer when they return to their civilian jobs.
The main annual training commitment is a two-week training camp. Other commitments may affect Reservist employees who usually work outside of normal office hours, eg:
- weekly training - held locally for about 2.5 hours, one evening a week
- weekend training - several weekends throughout the year
Some Reservists undergo additional voluntary training in areas such as health and safety, IT, and personnel management. Read more on the benefits of employing Reservists.
Some employers grant Reservists extra leave for training but there is no obligation for you to do so.
Read more about what employers in your sector are doing to support their Reservist employees.
Also see rights and responsibilities of Reservist employers.
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Financial and pension arrangements for mobilised Reservists
Reservists: mobilisation and initial call-out procedure
How Reservists are mobilised for full-time service with the Armed Forces.
The call-up of Reservists into full-time service alongside the regular Armed Forces is referred to as 'mobilisation'. Reservists usually serve abroad but can also be deployed in the UK, eg during a national emergency.
The Ministry of Defence (MoD) chooses Reservists for service using the 'intelligent selection' process. This is based on Reservists' skills and experience, personal and employment circumstances.
Initial call-out procedure
The MoD tells each Reservist when and where to report for duty and pre-mobilisation training. Reservists should tell you as soon as they get their call-out notice.
Notice period for mobilisation
The MoD aims to provide 28 days' notice but there is no legal minimum notice period.
High Readiness Reserves (HRR). HRR are members of any of the Reserve Forces who have specialist skills and who accept an increased liability for call out (under Part 4 of RFA 96). HRR meets the need for skills that might be in short supply in Regular and Reserve Forces and which might be needed early in a crisis. A call-out order is not required to mobilise HRR.
Also read more on types of Reservists.
Employer information packs
The MoD provides a call-out pack to each employer of a mobilised Reservist. This will either be sent directly to you as their employer or be included in the Reservist pack, which your employee should hand to you. This gives you the date the Reservist should report for training and includes information on:
- possible length of the Reservist's duty
- your statutory rights and obligations as an employer - eg regarding pay, pensions and reinstatement after mobilisation
- possible financial assistance for employers
- contacts
For more information, see rights and responsibilities of Reservist employers.
Exemptions and deferrals
As an employer, you have the right to appeal against a Reservist's call-up if you feel it would damage the business, for example, if there was:
- a risk of financial harm, eg loss of sales, markets or reputation
- reduced ability to produce goods or provide services
- an effect on research and development of new products, services or processes
If you want to make an exemption or deferral application for your employee, you should do so within seven days of the mobilisation notice being issued. If this is not possible, you should ask the Adjudication Officer appointed by the MoD for permission to make a late deferral application. All mobilisations are compulsory and if you or your Reservist does not make an appeal in the given timeframe, the Reservist will be required to report for duty on the date specified in the call-out notice.
Further advice for employers
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can be contacted on Tel 028 9521 6794. Read DRM's guidance on how you can apply for exemption or deferral of a Reservist's mobilisation.
Holiday accrual during mobilisation
You do not have to allow Reservist employees to accrue leave while mobilised as they accrue leave with the MoD. When they return to work, you are entitled to grant them leave pro rata from the date they return to the end of the calendar year. Read more on how to know how much holiday to give your staff.
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How long will the Reservist be away for?
Length of a Reservist's duty, including training and preparation for return to work.
When the Reservist reports for a period of mobilisation, they will undergo a series of checks and tests, including a medical. Depending on the individual, this can last from a matter of days to two weeks. Once the Reservist is accepted into service they will join their unit and undergo further pre-deployment training before they are deployed on operations.
The length of mobilisation will vary according to military needs but can be up to the duration of 12 months.
While Reservists are serving with the Armed Forces, civilian employers can help maintain their morale by sending them updates on the organisation, eg office newsletters or emails about the company. This will also help them reintegrate with the organisation when they return.
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Financial and pension arrangements for mobilised Reservists
Employers' and Reservists' pension rights during a mobilisation period.
You can claim financial assistance from the Ministry of Defence (MoD) while your Reservist employees are away. This includes claims for:
- Advertising or agency fees for recruiting a replacement. These are uncapped.
- The extra cost is over and above their salary for paying a temporary replacement while they are mobilised. This can be up to £110 per day or around £40,000 per annum.
- Retraining for the Reservists on their return, if appropriate.
Additional financial support for employers
Changes that came into effect on 1 October 2014 mean SMEs and equivalent-sized charities and partnerships will be allowed to claim up to £500 for each month their Reservist employee is mobilised.
You can also claim for:
- up to five days handover costs before the employee is mobilised and up to five days takeover costs after they return to work
- 75% of the costs up to a maximum of £300 for purchasing specialist clothing for a person who replaces a mobilised Reservist
- training costs (capped at £2000) for essential training to enable a replacement to fulfil a mobilised Reservist's role during mobilisation
During mobilisation, you will not have to pay the Reservist's normal salary or any company benefits that they would usually receive, such as a company car or contributions to a pension scheme.
When a Reservist is mobilised, the MoD provides an information pack to all relevant employers. This will either be sent directly to you as their employer or be included in the Reservist pack, which your employee should hand to you. This explains how you can claim for financial assistance. You should include payroll data in your claim, eg the Reservist's National Insurance number, staff number, and written evidence of their earnings.
You should make your claim within four weeks of the date of the Reservist's last day of full-time service. After this, you should ask permission from the MoD Adjudication Officer to make a late claim. Find out how to make a claim for financial assistance.
Appealing against an Adjudication Officer's decision
If you are dissatisfied with an Adjudication Officer's decision, you can appeal to the Reserve Forces Appeals Tribunal. You must make your appeal within five days of the Adjudication Officer's original decision.
The tribunals are arranged by the Department of Justice and are independent of the MoD. They comprise a legally qualified chairperson and two lay members. The hearings are informal and normally held in local industrial tribunal offices.
Read about appealing to the Reserve Forces Appeals Tribunal.
Pension arrangements during mobilisation
During mobilisation, Reservists can choose to continue paying contributions to their company pension scheme or pay into one of the Armed Forces' own pension scheme options.
The MoD will pay the employer's contributions if a Reservist continues paying into an occupational pension scheme, deducting these contributions from the Reservist's military wages. This arrangement does not apply to personal pensions.
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Protection of a Reservist's employment
Legal safeguards on protection of a Reservist's job after a period of mobilisation.
After their mobilisation ends, Reservists are debriefed and assessed before being given post-mobilisation leave.
Following the procedure for return to work, and to comply with legislation, the Reservist should formally write to you in the period beginning after the last day of their full-time service and ending with the third Monday after their full-time service ends, to request reinstatement and agree on a return-to-work date.
It is also encouraged that they should contact you informally, ideally in person, to discuss the options for a return to work date. They will still need to make the formal application in writing as required by legislation.
You have a legal duty to reinstate your Reservist employee in the same or a similar position for a minimum period - eg 13, 26, or 52 weeks, depending on their length of employment before mobilisation.
You can include Reservists in a redundancy pool if necessary, provided you do not discriminate against them on the grounds of their mobilisation. There are some additional considerations when making a Reservist employee redundant if they have returned from mobilised service recently - ie if they are still within the protected 13, 26, or 52-week period, depending on their previous length of service.
See rights and responsibilities of Reservist employers.
A Reservist's employment status whilst mobilised is set out within the Employment Rights Act. Mobilisation does not break continuity of service however, in terms of any calculations based on reckonable service, the period of mobilisation would not be included by virtue of the Act.
You can claim financial assistance if a Reservist needs training or re-training as a direct result of their mobilisation.
See financial and pension arrangements for mobilised Reservists.
Aftercare of demobilised Reservists
Defence Relationship Management (DRM) is an organisation that supports members of the Reserve Forces and their employers through Regional Employer Engagement Directors. The Regional Employer Engagement Director (REED) for Northern Ireland can be contacted on Tel 028 9521 6794.
DRM can help employers and Reservist employees find support and advice. For advice on how to spot symptoms of post-operational stress - eg depression or irritability - as well as contacts with service medical, pastoral and welfare staff, you should contact your employee's unit Welfare Officer.
You can help demobilised Reservists reintegrate into the business by offering retraining, if necessary. You can also discuss with Reservists how to make use of any new skills they have acquired during their mobilisation.
Reservists can acquire many skills while they are mobilised: read about the benefits of employing Reservists.
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