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:

• joins up or starts a new job
• is called up for service (mobilised)
• returns to work

Financial support is available for both employers and reservists when they바카라 사이트™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

Find employers that support reservists.

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 employer바카라 사이트™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 it바카라 사이트™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, who바카라 사이트™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 바카라 사이트˜employer notification waiver바카라 사이트™. 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 days바카라 사이트™ notice when they바카라 사이트™re called up (mobilised). They should let their employer know as soon as possible.

3. Mobilisation

Reservists will be sent a 바카라 사이트˜call-out notice바카라 사이트™ if they바카라 사이트™re needed for full-time service. This is known as 바카라 사이트˜mobilisation바카라 사이트™.

You must answer your call-out notice - the letter will tell you what to do.

In most cases, reservists get 28 days바카라 사이트™ notice, but they could get less if they바카라 사이트™re needed urgently.

As a reservist, you should tell your employer as soon as possible when you know you바카라 사이트™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.

Reservists바카라 사이트™ rights

Employers can be fined in court and made to pay compensation if they end a reservist바카라 사이트™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 you바카라 사이트™re called up at a difficult time (for example, you바카라 사이트™re caring for someone or you바카라 사이트™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 - you바카라 사이트™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 you바카라 사이트™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, you바카라 사이트™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 you바카라 사이트™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 you바카라 사이트™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
• some other expenses that you have to pay because you바카라 사이트™re mobilised

The total amount you can claim is £400 a day.

If you바카라 사이트™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 that바카라 사이트™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 you바카라 사이트™re mobilised you can either:

• ask for the days you바카라 사이트™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 employer바카라 사이트™s contributions)

If you바카라 사이트™re self-employed

If you바카라 사이트™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

Other expenses

You can claim for some other expenses if you바카라 사이트™ve had to pay them because you바카라 사이트™re mobilised. You can only claim them for the time that you바카라 사이트™re mobilised.  

Expenses you can claim are: 

• care of a dependent child or relative
• care of a pet
• additional house insurance because you바카라 사이트™re not there
• essential maintenance on your home

How to claim

You get instructions about how to claim in your mobilisation pack. 

If you바카라 사이트™re an employee, submit your claim on the form included in your mobilisation pack.

If you바카라 사이트™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 they바카라 사이트™re away - the Ministry of Defence (MOD) pays these costs. You바카라 사이트™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 it바카라 사이트™s more than the reservist바카라 사이트™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 micro, small and medium-sized businesses

You can claim a further £500 a month for each full-time employee who is mobilised if all of the following apply:

• your annual turnover was no more than £25.9 million in the 12 months before the reservist was called up
• you had no more than 250 employees or partners on the date of mobilisation
• you바카라 사이트™re a private or charity sector employer or business partner

These are known as employer incentive payments.

You바카라 사이트™ll get pro-rata payments for part-months and for part-time employees.

What you cannot claim for

You cannot claim for:

• loss of profits, turnover or goodwill
• your reservist바카라 사이트™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 they바카라 사이트™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).

employerrelations@rfca.mod.uk

6. Payroll reporting for employers

You바카라 사이트™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 they바카라 사이트™ve started their service:

• put 바카라 사이트˜Yes바카라 사이트™ in the 바카라 사이트˜Irregular payment pattern indicator바카라 사이트™ in the next Full Payment Submission (FPS) you send to HM Revenue and Customs (HMRC)
• change their tax code to 바카라 사이트˜BR M1바카라 사이트™ if they바카라 사이트™re paid monthly, or 바카라 사이트˜BR W1바카라 사이트™ if it바카라 사이트™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 they바카라 사이트™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 they바카라 사이트™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, they바카라 사이트™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 you바카라 사이트™re returning to work:

• you do not hear back from them
• they will not re-employ you
• they offer you a job you바카라 사이트™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