Returning from Mobilisation

The time when a Reservist returns to work after mobilisation can be challenging both for the Reservist and their employer. Among the findings of the latest round of research commissioned by SaBRE, return to work was one of the most significant issues.

Briefing #6, issued in March 2006, addresses the issue of return to work both from the point of view of employers and Reservists. Many employers are concerned about their legal position when it comes to re-instating a Reservist employee, but often they are also looking for guidance on how to support Reservists and help them re-integrate when they return from mobilised service.

For Reservists, the fear that their career prospects will be affected by mobilisation, or even that they will not have a job to return to can be very strong. Some feel that their employer will not understand that they need time to readjust and possible re-train when they return.

SaBRE's research showed that some Reservists have a low awareness of their rights and responsibilities. However, the rights and responsibilities of Reservists and their employers go hand in hand.

Like Reservists themselves, employers feel that they need more guidance on what they are obliged to do and what they can expect. The law states that a Reservist has a right to return to their previous job with the same employer and same conditions. However, their employer is not obliged to reinstate a Reservist if they could only do so by dismissing someone else who has been with them for longer. Neither are they obliged to reinstate a Reservist who is not available for work within six months of completing mobilised duty.

Employers have a right to written notice of when a Reservist will return to work and a Reservist is expected to contact their employer as soon as possible after they are demobilised to agree a date. However, Reservists are entitled to a period of leave at the end of their mobilised duty and their employer cannot force them to return to work before their leave is complete.

If a Reservist decides they don't want to return to work at all after mobilisation, they must tell their employer in writing.

If you are an employer, you must continue to employ a returning Reservist for a minimum number of weeks depending on how long they had been with you before mobilisation.

• up to 13 weeks: no less than 13 further weeks
• at least 13 weeks but less than 52 weeks: no less than a further 26 weeks
• 52 weeks or more: at least 52 further weeks

For Lancashire's Hazel Trotman, who works for British Gas and has been in the Territorial Army for 13 years, her mobilisation at short notice was handled well by her employer. Her return to work proved harder. She felt her managers assumed she would be able to cope, but she was 'out of the loop' after her absence and believes that support such as that offered to workers returning from maternity leave could have helped.  Fortunately, being able to work flexi-time helped her re-integrate and she feels that her period of mobilisation has benefited her, helping develop her communication and team-building skills.