Exemption, deferral and revocation
If your Call-Out Notice arrives at a difficult time for you or your employer, both you and your employer have the right to seek exemption from, deferral or revocation of mobilisation by making an application to an Adjudication Officer.
Exemption, deferral and revocation of Call-Out
Where an application has been made by either the employer or Reservist employee, an Adjudication Officer will have responsibility for reviewing the facts of the case and making a ruling. Where the findings is in favour of the Reservist or employer it will normally lead to a decision that authorises the following:
Exemption: The Reservist will be exempted from the current and future Call-Out. An exemption will normally be followed by the issuing of a 'Revocation' in respect of the extant Call-Out Notice.
Deferral: The reporting date on the original Call-Out Notice will be formally changed to a later date.
Revocation: The Reservist will be issued with a formal notice that repeals the authority of the extant Call-Out Notice for a specified period of time.
Grounds for exemption, deferral and revocation
The definition of what constitutes grounds for exemption, deferral or revocation from mobilisation will vary from case to case; however, in general terms, sufficient grounds could be:- you have primary parental or care responsibilities
- you are engaged in full-time education or training
- you are self-employed or work in a family-run business which would be seriously harmed by your absence
- you have entered into a contract of employment but have not yet started work under that contract, and the other party does not agree to postpone the start date or
- you have compassionate reasons for the MOD to consider
Making an application
You or your employer must make an application for exemption, deferral or revocation within seven days of your being served with a Call-Out Notice. If you or your employer 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).
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 you, your family or your employer. This is done by balancing your needs, or your employer's, against the needs of the operation and the specific duties for which you have been called out.
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 or your employer are dissatisfied with the decision of the Adjudication Officer, either of 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.
Time limits
Your appeal - which can be sent by fax, by 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 you 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 at:
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
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