The government is introducing new provisions to enhance the rights of those serving in the reserve forces. From 1 October 2014, employees who allege their dismissal was connected with their membership of a reserve force such as the army reserve (formerly known as the territorial army) will not need to have the usual two-year qualifying period required to claim unfair dismissal. However, reservists will still have to prove that it was unfair to dismiss them because of their absences from work - they will not be treated as automatically unfairly dismissed. Prior to these changes, which are happening under the Defence Reform Act 2014, reservists have found it more difficult than other employees to acquire the necessary service needed to claim unfair dismissal, as time spent ‘called out’ on active service or training did not count towards continuous service. This situation was exacerbated in April 2012 when the qualifying period for claiming unfair dismissal increased from one year to two. The government is also reducing the financial burden on reservists’ employers. Under the Reserve Forces (Payments to Employers and Partners) Regulations 2014 small and medium-sized employers will now be able to claim £500 per month (pro-rated for part-months and part-time employees working fewer than 35 hours per week) from the Ministry of Defence during periods when a reservist employee is absent on military service. Employers will also be able to claim up to £110 a day for additional salary costs incurred in providing cover for the absent reservist. Providing better employment protection for reservists and improved financial help for their employers is part of a plan to increase the recruitment of reservists overall. Under a programme called Army 2020, the number of regular soldiers will be reduced from 102,000 to 82,500 by 2019, while the number of reservists will be increased from 19,000 to 30,000. Reservists used to have between 19 and 27 training days a year; the plan is increase this to 40 days a year. When these measures, designed to reduce the costs involved in maintaining regular service personnel, were announced in July 2012, questions were asked about how the extra reservists would be recruited and how employers would cope with the required time off, particularly as reservists are now to receive the same training as regular forces. It was reported recently that the number of soldiers being made redundant has not been matched by the required increase in reservists, partially due to the redundancy exercise proceeding faster than expected. But this situation may not be resolved immediately as the new’ day one’ right is unlikely to provide reservists with a better option than they already have. Former employers of reservists are already obliged to re-instate any reservist who was employed by the company in the same job, on the same terms, which they previously held within six months of the end of their military service, for a period of 13, 26 or 52 weeks depending on the length of their previous continuous service. Reservists just have to make a written request to return to work by the third Monday after their demobilisation. If this is not practicable, the employer must offer the reservist re-employment on terms and conditions which are as similar as possible. If an employer fails to do this, reservists may bring a claim to the reinstatement committee, part of the employment tribunal service, which can order their re-instatement or the payment of compensation. Further compensation may be awarded if an employer fails to comply with an order for re-instatement. As there are no fees for issuing or hearing such claims, this route would be more cost-effective than bringing an unfair dismissal claim. Only time will tell whether these new rights will really bring about the increase in reservists the government is looking for. Andrew Knorpel is a partner and head of the employment team at law firm Mundays
Posted on: Thu, 02 Oct 2014 09:53:31 +0000
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