In order to return to work a Reservist needs to write to their employer requesting reinstatement in their role and agree a return to work date. There are certain responsibilities for both parties at this time to ensure a smooth return to work.
Your Reservist's obligations
Your Reservist has to write to you to formally state that they’re available to come back to work no later than the third Monday after their last day of full-time service, unless there are extenuating circumstances such as sickness. Their last day of whole-time service is the final day they receive full military pay, for more information see demobilisation.
A Reservist must also tell you the date on which they’ll be available to start back at work. This date should also fall within a set time limit, approximately 6 weeks of the last day of full-time service. These time frames are set out within the Reserve Forces (Safeguard of Employment Act) 1985.
Your obligations
- The Reserve Forces (Safeguard of Employment) Act 1985 gives Reservists the right to be re-employed by their former employer in the same role on equally favourable terms and conditions as before. If this is not possible then a suitable alternative should be offered which is the most favourable occupation on the most favourable terms and conditions which are reasonable and practicable.
- You must continue to employ the returning Reservist for a set number of weeks, depending on how long they’ve been with you before they were mobilised. They are entitled to be re-employed for a minimum of 13, 26 or 52 weeks, depending on their length of employment before their mobilisation.
- You have to re-employ them from, or as soon as possible after, the date on which they told you they’d be ready to return. You aren’t allowed to make them return to work before this date.
- Reservists can be included in a redundancy pool if this is necessary due to a downturn in business or closure of a department or branch. However, all employees should be treated consistently and redundancy criteria should not discriminate against Reservists on the grounds of their Reserve service or call-up liability.
What if an offer of an alternative form of employment is rejected?
If a Reservist is not happy with the offer of alternative employment they must write to you stating why there is reasonable cause for them not to accept it. If a Reservist believes that an employer’s response to their application denies their rights under the Safeguard of Employment Act 1985, an application can be made to a Reinstatement Committee for assessment. They will consider the Reservist's application and, if they accept it, can make an order for reinstatement and/or compensation.
Can you appeal?
Yes you can. In order to appeal against a reinstatement committee’s decision you can make further appeals to an Umpire.