Appealing against mobilisation
In all cases of mobilisation, you have the right to seek exemption from it, or defer or revocate it if the Reservist's absence will cause serious harm to your business or a related business.
Grounds for exemption, deferral and revocation
Definitions of 'harm' to your business will vary from case to case, but the Regulations stipulate they should include:
- loss of sales, markets, reputation, goodwill or other financial harm
- impairment of the ability to produce goods or provide services
- harm to the research and development of new products, services or processes (which could not be prevented by the granting of financial assistance under sections 83 and 84 of The Reserve Forces Act 1996).
How to apply for exemption, deferral or revocation of mobilisation
If you want to apply for exemption, deferral or revocation of the mobilisation, you should do this within seven days the mobilisation notice being served. If you don’t, you’ll have to get permission to make a late application from the Adjudication Officer (see addresses below).This is usually a serving officer or an official appointed by the Ministry of Defence. Your Reservist also has the right to apply for exemption or deferral if their call-out papers arrive at a difficult time.
What information will you need to give when applying?
The more information you provide the better. For example, details such as your Reservist’s name, address, payroll number and National Insurance number.
You should also give:
- full details of the business in which they’re employed;
- their role;
- the effect their absence will have on the business if they’re called out;
- grounds for exemption in terms of serious harm to the business. You can find information about this in the call-out pack.
How your application will be decided
An Adjudication Officer will decide whether an application for exemption, deferral or revocation will be accepted. They’ll do their best to develop a thorough understanding of the implications for your business and to give you an answer as quickly as possible. Their decision will be based on a careful balance of your needs against those of the operation the Reservist has been called out for. For example, your application is more likely to succeed if the Reservist has skills that are widely available within the Service, but very specialised ones within the workplace.
Who to contact
If you want to apply for exemption, deferral or revocation you should contact either:
- the person specified in the call-out notice
- the Adjudication Officer at the mobilisation centre
- the Adjudication Officer appointed for the Service in which the Reservist will serve, at one of the addresses below:
Royal Navy/Royal Marines
Royal Navy and Royal Marines Adjudication Officer
Navy Command Headquarters
Leach Building (MP 3-4)
Whale Island
PORTSMOUTH PO2 8BY
Tel: 02392 623527
Fax: 02392 625736
Email: FLEET-CMRADJUDICATIONSO2@mod.uk
Army
Army Adjudication Officer
Army Personnel Centre
PO Box 26703
GLASGOW G2 8YN
Tel: 0800 389 6585
Fax: 0141 224 8815
Email: msresemplapps@apc.army.mod.uk
Royal Air Force
Royal Air Force Adjudication Officer
Royal Air Force Adjudication Service
c/o Imjin Barracks
GLOUCESTER GL3 1HW
Tel: 01242 682545
Fax: 01242 682510
Email: Air-Pers-A1-WO-Adj@dpa.mod.uk
What options are available if an application is unsuccessful?
If you are dissatisfied with an Adjudication Officer's decision you can apply to a Reserve Forces Appeals Tribunal (RFAT).