The redundancy legal position
The Reserve Forces (Safeguard of Employment) Act 1985 gives a Reservist the right to be re-employed by their former employer in the same type of job on equally favourable terms and conditions as before. They are entitled to be re-employed for a minimum of 13, 26 or 52 weeks, depending on their length of employment before mobilisation.
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, before selecting a Reservist for redundancy, an employer should consider the Reservist's position in light of the Reserve Forces (Safeguard of Employment) Act 1985, especially if the Reservist has an entitlement to reinstatement following a period of mobilised service or has been reinstated within the past 52 weeks.
To read the Safeguard of Employment Act 1985 in full click 'download now' for our Legal Aspects briefcase on the righthand side of this page.
Why employing a Reservist is useful in a downturn
In the current economic climate, employers are keen to drive down costs and increase productivity. This is where employing Reservists can prove of enormous benefit. Reservist employees gain thousands of pounds worth of training in transferable skills such as problem solving, people management and communications. They do this in their own time, at no cost to their employer. Independent research conducted for SaBRE at the end of 2008 showed that around four fifths of Reservist employers agree that having a Reservist on the staff benefits the general development of employees.
Here to help
SaBRE is able to provide help and guidance to both employers and Reservists concerning return to work issues, including redundancy.
We can provide you with access to information about your rights and responsibilities; however, we’re not able to cross the boundary into giving legal advice.