Rights and responsibilities for reservists and employers
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1. Introduction
Members of the reserve armed forces (reservists) and their employers have certain rights and responsibilities when a reservist:
Financial support is available for both employers and reservists when they’re called up.
Time off for training
Employers do not have to allow time off for training, but may choose to.
Training for reservists is usually made up of:
- one evening a week
- several weekends throughout the year
- a 15-day training course each year
Redundancy
Reservists cannot be made redundant due to training or mobilisation. They must be treated the same as other employees if there are redundancies because of closure or business problems.
2. How the employer is notified
Reservists need to give their employer’s details to their commanding officer. Employers then usually get a letter from the Ministry of Defence (MOD) within 5 weeks of an employee signing up.
MOD does not contact employers in Northern Ireland, but reservists still need to give details of their employer to their commanding officer.
Reservists only have to tell their employer themselves if it’s a condition of their job that they do not take any other work.
When an existing reservist changes jobs
Reservists should tell their commanding officer, who’ll tell the new employer.
Asking MOD not to tell an employer
Reservists can ask MOD not to tell their employer if they have a good reason, for example it would put them at a disadvantage if their employer knew.
Apply to your commanding officer for an ‘employer notification waiver’. The waiver lasts for 12 months, but you can apply to renew it.
If the reservist is called up
In most cases the reservist will get 28 days’ notice when they’re called up (mobilised). They should let their employer know as soon as possible.
3. Mobilisation
Reservists will be sent a ‘call-out notice’ if they’re needed for full-time service. This is known as ‘mobilisation’.
You must answer your call-out notice - the letter will tell you what to do.
In most cases, reservists get 28 days’ notice, but they could get less if they’re needed urgently.
As a reservist, you should tell your employer as soon as possible when you know you’re being mobilised. Employers will also be sent a pack about their rights and responsibilities.
Financial assistance
Financial assistance is available for both reservists and employers.
Reservists’ rights
Employers can be fined in court and made to pay compensation if they end a reservist’s employment because of mobilisation.
After service, reservists have a right to return to the same job.
Apply to delay or cancel mobilisation
You can apply to delay or cancel mobilisation:
- as a reservist, if you’re called up at a difficult time (for example, you’re caring for someone or you’re in full-time education)
- as an employer, if it would seriously harm your business (for example, by causing financial harm or making it difficult to produce goods or provide services)
You can apply to:
- defer mobilisation for up to a year - you’ll get a new date to report for duty
- get an exemption for a year or more - you will not be called out again until it expires
- cancel (revoke) mobilisation if you’ve already been mobilised
Deadline for applying
Reservists and employers must apply within 7 days of getting the call-out notice. If you miss this deadline, you’ll have to get permission from the adjudication officer to make a late application.
If your application is unsuccessful you can appeal.
Who to contact
If you’ve already been mobilised contact your commanding officer.
To apply to delay or cancel mobilisation, contact one of the following:
- the person named in the notice
- the adjudication officer at the mobilisation centre
- the adjudication officer for the service
Apply in writing by email, post or fax.
Royal Navy or Royal Marines
navylegal-reservesadjso2@mod.uk
Telephone: 02392 628 858
Fax: 02392 628 660
Find out about call charges
Royal Navy and Royal Marines Adjudication Officer
West Battery (MPG-2)
Whale Island
Portsmouth
PO2 8BX
Army Reserve
apc-cmops-mob-so2@mod.uk
Telephone: 0800 389 6585
Fax: 0141 224 2689
Find out about call charges
Army Adjudication Officer
Army Personnel Centre
PO Box 26703
Glasgow
G2 8YN
Royal Air Force
aira1-adjmlbx@mod.gov.uk
Telephone: 01452 712 612 ext 6107
Fax: 01452 510 939
Find out about call charges
Adjudication Officer
Royal Air Force Adjudication Service
Imjin Barracks
Innsworth
Gloucester
GL3 1HW
4. Financial support for reservists
If you’re called up for service you can claim financial support to cover:
- the difference between your civilian pay and your service pay
- the cost of any benefits in kind your employer stops
The total amount you can claim is £400 a day.
If you’re serving as a medical consultant with the defence medical services, you can claim up to £822 a day.
Company benefits
You can claim for benefits normally provided by your employer, including:
- health insurance or medical care
- life insurance
- education fees for dependent children
- accommodation
If you have to return a company car that’s used by your partner (for example, husband or wife), children or dependent relatives, you can claim £10.70 a day (around £325 a month).
Pension contributions
While you’re mobilised you can either:
- ask for the days you’re mobilised to count towards the Armed Forces Pension Scheme
- keep contributing to your personal or work pension (the Ministry of Defence will pay your employer’s contributions)
If you’re self-employed
If you’re self-employed, a partner or a company director, you can claim for:
- the difference between your service pay and earnings from your business
- up to £2,000 business costs from stopping trading
- agency fees and advertising for finding and training your replacement
Expenses you cannot claim
You cannot claim for expenses that you were already paying before you were mobilised. For example, you cannot claim for:
- care of a dependent child or relative
- care of a pet
- house insurance
- maintenance on your home
How to claim
Employees get instructions about how to claim in the mobilisation pack.
If you’re self-employed, a partner or a company director, use the claim form for employers.
When to claim
You can claim any time after your service begins and up to 4 weeks after it ends.
Appeal a rejected claim
You can appeal if your claim is turned down.
5. Financial support for employers
You can claim financial support if a reservist you employ is called up.
Do not pay their salary or pension contributions while they’re away - the Ministry of Defence (MOD) pays these costs. You’ll need to make changes in your payroll system.
You can apply to delay or cancel mobilisation if it will seriously harm your business.
What you can get
You can claim financial assistance to cover:
- the cost of a temporary replacement if it’s more than the reservist’s salary (up to £110 a day)
- advertising costs and agency fees for finding a replacement
- a period of handover and takeover (5 days before and after mobilisation)
- 75% of the cost of specialist clothing for the replacement (up to £300)
- training costs for the replacement (up to £2,000)
- overtime, if other employees cover the work
- training the reservist needs to carry on their job when they return
Extra support for small and medium-sized businesses
You can claim £500 a month in addition to the costs of replacing and retraining the reservist unless either of the following apply:
- your annual turnover was more than £25.9 million in the 12 months before the reservist was called up
- you had more than 250 employees or partners on the date of mobilisation
These are known as employer incentive payments.
What you cannot claim for
You cannot claim for:
- loss of profits, turnover or goodwill
- your reservist’s salary or pension contributions if you keep paying them
How to claim
Download and fill in the claim form. Print it out, sign it and either scan and email it or post it. The addresses are on the form.
When to claim
You can claim before the reservist leaves, but you will not get a payment until they’ve started service. You cannot claim later than 4 weeks after the last day of their service.
You can claim for costs as they arise - you do not have to claim for them all at once.
Costs for training should be claimed within 8 weeks of the end of the training.
Help for employers
If you need further help, email Defence Relationship Management (DRM).
6. Payroll reporting for employers
You’ll need to make some changes in your payroll software if your reservist is mobilised.
If their service will be less than 12 months
Once they’ve started their service:
- put ‘Yes’ in the ‘Irregular payment pattern indicator’ in the next Full Payment Submission (FPS) you send to HM Revenue and Customs (HMRC)
- change their tax code to ‘BR M1’ if they’re paid monthly, or ‘BR W1’ if it’s weekly
If their service will be more than 12 months
Put a leaving date in your FPS and give them a P45 form. When they’re back from service, give them a new payroll ID.
Do not put a leaving date in your FPS or give them a P45 if their service was due to be less than 12 months but lasted longer.
7. Returning to work
After service, reservists are given a period of leave. If they want to return to work before the end of their leave they must get permission from either their commanding officer or the demobilisation centre.
Employers cannot force a reservist to return to work before their leave finishes.
Notice of returning to work
Reservists should write to their employer as soon as they know when they can return to work. This must be no later than the third Monday after their last day of service.
Employers must re-employ them as soon as they’re able to.
Returning to the same job
Reservists are entitled to return to the same type of job they were doing before they were mobilised, on the same terms and conditions.
If the job no longer exists, they’re entitled to a reasonable alternative.
How long reservists must be re-employed for
Employers must offer reservists employment for a certain amount of time, depending on how long they were employed by them before mobilisation.
| Weeks of employment before mobilisation | Number of weeks reservist must be re-employed for |
|---|---|
| Up to 13 | At least 13 |
| Between 13 and 51 | At least 26 |
| 52 weeks or more | At least 52 |
Problems returning to work
If you are not re-employed you can apply to a tribunal. They can instruct your former employer to re-employ you or award you financial compensation.
Write to the tribunal if, after telling your employer you’re returning to work:
- you do not hear back from them
- they will not re-employ you
- they offer you a job you’re not happy with
Employment Tribunal Service (England, Scotland and Wales)
3rd Floor
Alexandra House
14-22 The Parsonage
Manchester
M3 2JA
Tel: 0161 833 6316
The Secretary, Office of the Industrial Tribunals (Northern Ireland)
Killymeal House
2 Cromac Quay
Ormeau Road
Belfast
BT7 2JD
Tel: 02890 327 666