This policy sets out how we support staff who are reservists. The reserve forces include the Army Reserve, Royal Naval Reserve, Royal Marines Reserve and Royal Auxiliary Air Force. We will, within reason, assist reservists, for example by taking into account unusual leave requirements or the need to amend working patterns.
Informing us that you are a reservist
So that we can support reservists, we require new members of staff who are already reservists or existing staff who become reservists inform their line manager as soon as possible that they are, or intend to become, reservists. This request is made purely to allow us to deal with the practical implications and reservists who do this will not be disadvantaged in any way.
Time off for activities in the reserve forces
Employees who need time off for activities as reservists are expected to use days out of their normal holiday entitlement. While the organisation will do its best to accommodate any request for leave for activities in the reserve forces, it cannot guarantee that reservists' holiday requests will be given priority. To avoid reservists being unable to take time off when needed, they should apply for holiday as soon as possible after they are informed that they need to take time off.
Each leave year, reservists will be given five days' extra paid leave to help them to meet their commitments to the reserve forces. The reservist should make the request to his/her line manager in the same way as normal annual leave is requested, tagging the request "Military reserve leave". While we will do our best to accommodate any requests to use this extra leave, we cannot guarantee that reservists' extra leave requests will be given priority. This offer is available only to employees who provide evidence that they need to take the time off as a reservist (for example, a letter from their commanding officer) at the time when they are booking holiday for the purpose of doing the reservist activities. The offer cannot be used for days when the reservist is not undertaking reservist activities (for example, to recover from the physical demands of a weekend away with the reserve forces).
All holiday/leave dates must be approved in advance by the reservist's line manager, following our normal holiday booking procedure. To avoid reservists being unable to take time off when needed, they should apply for leave as soon as possible after they are informed that they need to take time off.
Unauthorised absence
We will treat any instances of unauthorised leave as a serious disciplinary matter that could result in disciplinary action, up to and including dismissal. Employees should be aware that, if they take a period of leave that has not been approved, they will be subject to disciplinary action on their return to work.
Reservists' call-outs
Reservists may be called out for military operations, with notice typically given 28 days before mobilisation, which can last up to 12 months. On being called out, the reservist should present his/her mobilisation papers, typically together with a letter from the Ministry of Defence to the organisation, outlining the date, and possible duration, of his/her mobilisation. The Ministry of Defence may also contact the organisation independently.
We recognise that, under the Reserve Forces (Safeguard of Employment) Act 1985, if we believe that the employee's absence on military service is likely to do "serious harm" to our organisation, we may apply for an exemption, deferral or revocation of mobilisation. We recognise that the criteria for exemption, deferral or revocation are strict and will seek an exemption, deferral or revocation only in exceptional circumstances.
Reservists' rights during mobilisation
There is no requirement for us to pay the reservist during his/her absence on military operations. During this period the reservist receives service pay from the Ministry of Defence, along with a standard award to make up any difference (up to the statutory limit) between his/her service pay and normal average weekly earnings.
The Ministry of Defence also pays our contributions to the reservist's occupational pension scheme (as long as the reservist gives an undertaking to continue paying his/her own contributions to the scheme).
Reservists' demobilisation
Regardless of the length of the military action, the mobilised reservist has the right to be reinstated in his/her former job within six months of demobilisation, on terms and conditions that are no less favourable to him/her than those that would have been in place but for the enforced absence from the organisation. If it is not reasonably practicable to reinstate the reservist to his/her former job, the organisation must re-engage him/her in the most favourable occupation and on the most favourable terms and conditions that are reasonable and practicable in the circumstances.
To exercise the right to be reinstated, the reservist must write to us no later than the third Monday after demobilisation confirming his/her intention to return to work within the following 13 weeks. The initial 13-week period may be renewed for a further 13 weeks if circumstances such as illness or injury prevent the reservist's return during the initial period. However, the reservist forfeits his/her right to return to work with the organisation if they fail to do so within 26 weeks of demobilisation.
Once the reservist has been reinstated, we will continue to employ him/her in that same occupation (and on the same terms and conditions) for:
- the following 26 weeks;
- 52 weeks if the reservist had been employed for a consecutive period of at least 52 weeks at the time they were called up for military operations; or
- a minimum of 13 weeks if the employee was employed for fewer than 13 weeks immediately prior to mobilisation.
Continuity of employment
The continuity of the reservist's period of employment is not broken by a period of mobilisation, if they are reinstated to their former employment within six months of demobilisation. However, when calculating the employee's total period of continuous employment, we will discount the number of days falling in the period between the date on which the reservist is called up for military operations and the day immediately preceding the day on which they return to work.