Exemption, deferral and revocation
If one of your Reservist employees is mobilised, you have the right to seek their exemption from, deferral or revocation of, mobilisation if it is thought that their absence will cause harm to the business or a related business.
Grounds for exemption, deferral and revocation
The definition of 'harm' to your business will vary from case to case, and thus your right to seek your employee's exemption from, deferral or revocation of, mobilisation. The Regulations specifically mention:- loss of sales, markets, reputation, goodwill or other financial harm;
- impairment of the ability to produce goods or provide services;
- harm to research and development of new products, services or processes,
which could not be prevented by the granting of financial assistance pursuant to regulations under sections 83 and 84 of The Reserve Forces Act 1996 (RFA 96).
Making an application
You or the Reservist must make an application for exemption, deferral or revocation within seven days of the Reservist being served with a mobilisation notice. If you or the Reservist does not make the application within those seven days, permission to make a late application must be obtained from the Adjudication Officer who is appointed by the Ministry of Defence (usually a serving officer or MOD official).You will need to provide as much information as possible about the Reservist who is being mobilised. As well as personal details such as name, address, payroll number and National Insurance number, it is important to provide as much information as possible about:
- the business in which they are employed
- the role that they perform
- the effect that their absence will have should they be called out
- the grounds for exemption in terms of serious harm to the business.
Determination of applications
A Service Adjudication Officer will decide whether an application for exemption, deferral or revocation will be accepted. Every effort will be made to do this quickly and with a thorough understanding of the implications for your business. The Adjudication Officer will seek to balance your needs against the needs of the operation for which the Reservist has been called out. For example, if the Service requirement is for a widely available skill but the Reservist has specialist skills in the workplace, the application is more likely to succeed.
Adjudication Officers
Applications for exemption, deferral or revocation should be made to 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
Fleet Headquarters
Leach Building (MP 3-4)
Whale Island
PORTSMOUTH
PO2 8BY
Tel: 02392 625677
Fax: 02392 625736
Email: fleet-npsrnrmadjudication@mod.uk
Army
Army Adjudication Officer
Army Personnel Centre
Kentigern House
65 Brown Street
GLASGOW
G2 8EX
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 Innsworth Station
GLOUCESTER
GL3 1HW
Tel: 01242 682545
Fax: 01242 682510
Email: Air-Pers-A1-So1-Adj@dpa.mod.uk
Appeals
If you are dissatisfied with the decision of the Adjudication Officer, you can appeal to a Reserve Forces Appeal Tribunal. The Adjudication Officer will tell you in detail what to do next.Reserve Forces Appeal Tribunals are independent of the Ministry of Defence, with appointments made by the Secretary of State for Constitutional Affairs and Lord Chancellor. The membership of each Tribunal consists of a legally-qualified Chairperson and two lay members drawn from a list held by the Employment Tribunals Service, an executive agency of the Department of Trade and Industry, whose staff arrange the hearings.
Time limits
Your appeal - which can be sent by fax or first class post or delivered in person - must reach the office of the Secretary to the Tribunal (see address below) no more than five working days after you receive the Adjudication Officer's decision. If, for reasons outside your control, your appeal is likely to miss the deadline for submission, you must attach to your paperwork a written explanation for the delay.
Procedure
You will be given a preliminary date, time and place for the hearing of the appeal, and you may be asked to give further information to supplement what you have provided already. A guidance leaflet, explaining more about what to expect on the day of the hearing, will accompany the acknowledgement of your appeal.
In light of the urgency of the Service's operational requirements, the Tribunal will aim to complete the appeal process within 28 days of receipt of the appeal, during which time the Reservist will not be deployed outside the United Kingdom.
The hearing, which is informal in nature, will normally be held at the office of the Employment Tribunals Service nearest to you.
More information
Further advice about the appeal process can be obtained from the office of the Secretary to the Tribunal:
Assistant Secretary
Reserve Forces Appeal Tribunals
Directorate of Reserve Forces and Cadets
Ministry of Defence
Level 8, Zone E, Desk 12
Main Building
Horse Guards Avenue
Whitehall
LONDON
SW1A 2HB
Telephone: 020 7218 6854
Fax: 020 7218 5612
Back to top