Return to work
In most circumstances, you have the right to be reinstated in the same type of job you were doing before you were mobilised, on terms and conditions that are no less favourable. However, in order to ensure that you can go back to your old job it is vital that you follow the correct process of applying to be reinstated.
Your rights
- You have a right to be re-employed in the type of job in which you were last employed on terms and conditions no less favourable to you than previously; or
- If this is not reasonable and practicable, to be re-employed in the most favourable job and on the most favourable terms and conditions which are reasonable and practicable in your case.
- As long as your application is in force, your previous civilian employer must re-employ you as soon as they are reasonably able to do so from the date you said you would be ready for work.
How to apply for reinstatement
It is likely that you will have a period of leave to take after your demobilisation. If you want to return to work during this period of leave you must first obtain permission from the Commanding Officer of your Unit or the Demobilisation Centre. You cannot, however, be forced by your employer to return to work before your leave finishes.- As soon as you are demobilised you should write informally to your employer to let them know that you can return to work. If you agree a date with your employer for returning to work and are happy with the terms, then you need take no further action.
- If, by the end of your mobilised service, you have not been offered a job which you are happy with, you must formally write to your former employer stating when (in the next 21 days) you are available to return to work. You must write to your employer no later than the third Monday after your last day of whole-time service. If, after this, you agree a date with your employer for returning to work and are happy with the terms, then you need take no further action.
- If, after writing formally to your employer, you are offered a job which you are not happy with; are told by your former employer that they will not re-employ you; or hear nothing for three weeks after you wrote to your employer, you should apply to a reinstatement committee to secure re-employment with your former employer.
See JSP 532 Guidance for Reservists returning to civilian employment following a period of mobilised service for a detailed description of the process and templates of the letters you will need to send.
What to do if you have problems
The chain of command is responsible for providing you with help and support if you intend to return to your old job. This help and support is typically provided by a Unit Employer Support Officer (UESO) or Regimental Operations Support Officer (ROSO) who acts on behalf of the Commanding Officer in these matters. It is their job to help you if you have any problems securing re-employment with your former employer.If your employer offers you a job that you are not happy with, or does not offer you a job at all, you should apply to a reinstatement committee. Details of how to do this can be found in JSP 532 Guidance for Reservists returning to civilian employment following a period of mobilised service
Key points to remember
- Make sure you keep a copy of everything you send to your employer and everything he/she sends you (keep notes of telephone conversations, etc).
- Make sure that your former employer has received the letters which you send. To do this you can, for a small charge, send them recorded delivery.
- Write formally to your employer no later than the third Monday after your last day of whole-time service if you have not already been given your job back.
If you are not sure about anything ask your Unit Employer Support Officer (UESO) or Regimental Operations Support Officer (ROSO). Alternatively contact the SaBRE helpline. (See Contact us)
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