For employment protection
The Reserve Forces (Safeguard of Employment) Act 1985 (SOE 85) provides two types of protection: protection of employment for those liable to be mobilised (s17), and reinstatement for those who have been mobilised (s1). In certain circumstances, it also provides for compensation (within s8 to 11 and s18).
Protection of employment
If an employer terminates a person's employment without their consent, and does so solely or mainly because of the person's liability to be mobilised for military service, the employer is guilty of an offence (s17). A Court can order the employer to pay compensation (s18), as well as levying a fine (s17).
Reinstatement
Once a Reservist has completed their mobilised service and makes an application for reinstatement to employment, you have a duty to reinstate the Reservist to their former job (s1) for a stated minimum period (s7), or to offer the most favourable alternative employment.*The Reservist must apply for reinstatement within six months from the end of their Reserve Service (s1(4)(b)). They must write (s3(1)) to you within the period (s1(2)(a)) between the end of their whole-time service and the third Monday after that date, at their present or last known address (s1(5)), asking for reinstatement to their former job. If, owing to sickness or other reasonable cause, the Reservist is prevented from making the application until after the expiry of the third Monday after the end date of their whole-time service, they must write as soon as reasonably possible after that third Monday (s3(3).
The Reservist must also write to you at the same time, or within 21 days of the third Monday after their whole-time service, to give the date on which they will be available to go back to work (s4(1)). Note: that date must be no later than the 21st day after the third Monday after the end of the period of whole-time service. If, because of sickness or any other reasonable cause, the Reservist is not available for work until after the 21st day, they must write to you, notifying an alternative prospective start date as close as reasonably possible after the 21st day (s4(2)).
If you offer other work* (s1(2)), and the Reservist is dissatisfied with the alternative offer, they must inform you immediately in writing, stating why there is reasonable cause for them not to accept it (s1(4)).
If the Reservist believes your response to that submission denies their rights, they can apply to a Reinstatement Committee for assessment (s8(1)). The Reinstatement Committee will consider the Reservist's application and, if they accept it, will make an order (s8(2)) for reinstatement and/or compensation.
There is a procedure through which you can appeal against the decision of the Reinstatement Committee (s9) and, subject to any prescribed time limit, you can make further appeals to an Umpire (s9).
If you do not conform to an order, the Reservist can go to a magistrates' court for payment (s11) or compensation (sS10(2)).
A Reservist's application for reinstatement lapses at the end of 13 weeks from the day it was made. To maintain their rights, the Reservist must make a new application, in writing, before the end of the 13 weeks. That new application remains in force for another 13 weeks. Each further renewal must be made in writing within 13 weeks from the date it was last renewed.
*Alternative employment = 'most favourable occupation and on most favourable terms and conditions which are reasonable and practical in his/her case' (s1(2)).
Amendments to the Act
The Reserve Forces (Safeguard of Employment) Act 1985 (SOE 85) has subsequently been amended by s122 of the Reserve Forces Act 1996 (RFA 96) and by Statutory Instrument 1998 no. 3086 (The Reserve Forces Act 1996 (Consequential Provisions etc.) Regulations 1998) Regulation 10(4).
Download the full Act
The Reserve Forces (Safeguard of Employment) Act 1985 (1Mb)
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