Legal protection
The Reserve Forces (Safeguard of Employment) Act 1985 (SOE 85) provides two types of protection: protection of employment if you are liable to be mobilised (Section 17), and reinstatement if you have been mobilised (s1). In certain circumstances, it also provides for compensation (within s8 to 11 and s18).
Protection of employment
If your employer terminates your employment without your consent, and does so solely or mainly because of your liability to be mobilised for military service, your employer is guilty of an offence (s17). A court can order them to pay you compensation (s18), as well as levying a fine (s17).
Reinstatement
You must apply for reinstatement within six months of the end of your mobilised (whole-time) service (s1(4)(b)). You must write (s3(1)) to your employer within the period (s1(2)(a)) between the end of your whole-time service and the third Monday after that date, at their present or last known address (s1(5)), asking for reinstatement to your former job. If, owing to sickness or other reasonable cause, you are prevented from making the application until after the expiry of the third Monday after the end of your whole-time service, you must write as soon as reasonably possible after that third Monday (s3(3)).
You must also write to your employer at the same time, or within 21 days of the third Monday after the end of your whole-time service, to give the date on which you 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, you are not available for work until after the 21st day, then you must write to your employer, notifying an alternative prospective start date as close as reasonably possible after the 21st day (s4(2).
If your employer offers other work (s1(2)), and you are dissatisfied with the alternative offer, you must inform your employer immediately in writing, stating why there is reasonable cause for you not to accept it (s1(4)).
If you believe their response to that submission denies your rights, you can apply to a Reinstatement Committee for assessment (s8(1)). The Reinstatement Committee will consider your application and, if they accept it, will make an order (s8(2)) for reinstatement and/or compensation.
There is a procedure through which your employer can appeal against the decision of the Reinstatement Committee (s9) and, subject to any prescribed time limit, they can make further appeals to an Umpire (s9).
If your employer does not conform to an order, you can go to a magistrates' court for payment (s11) or compensation (s10(2)).
Your application for reinstatement lapses at the end of 13 weeks from the day it was made. To maintain your rights, you 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 done in writing within 13 weeks from the date that it was last reviewed.
Amendments to the Act
The Reserve Forces (Safeguard of Employment) Act 1985 has subsequently been amended by Section 122 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)
Back to top