| – |
Q: Are reservists likely to be called up because of the current international situation? A: It is not anticipated that there will be a large callout of reservists. It is likely, however, that a few individuals with specialist skills will be called upon. Q: Are reservists obliged to leave their jobs if they are called up? A: The Reserve Forces Act 1996 allows for the compulsory mobilisation of Reservists for Military Operations. This includes worldwide Peace Support, Humanitarian Operations, and not just when the UK mainland is threatened. More likely is that reservists may be asked to volunteer for mobilisation for operations, but for this they must have the agreement of their employers. Q: Are employees obliged to notify their employers if they are members of the Reserve Forces? A: All Reservists are strongly encouraged to notify their employer about their membership of the Reserve Forces. There is no compulsion that they should do so. Q: How will an employer know if an employee has been called for mobilisation? A: In the case of voluntary mobilisation, the employee is obliged to notify the employer, as the employer’s consent is required before the Reservist can be mobilised. In the case of compulsory mobilisation, the Reservist will be sent, along with his mobilisation papers, a letter for his employer. This letter will set out when he is to be mobilised, for how long, and the employer’s statutory rights and obligations – including the entitlement to apply for an exemption for mobilisation in certain circumstances. Q: How much warning will the employer get of mobilisation? A: There is no statutory requirement for a warning period prior to mobilisation. However, subject to the severity and immediacy of a crisis, the intention is that employers and Reservists should have at least two weeks’ warning, and more if possible, of the date Reservists are required to report for mobilisation. Q: For how long will an employee be mobilised? A: Obviously the length of mobilisation depends upon the scale and nature of the operation. Currently operational tours range from short tours of 3 months or less, up to a maximum of 12 months. Reservists will not normally be deployed for more than 7½ months (including pre-deployment training and post-tour leave) in every 5 years. Q: Can an employer seek exemption if an employee is called up? A: Yes. To obtain exemption an employer must be able to show that the absence of the Reservist would cause “serious harm” to the business or organisation concerned. ‘Serious harm’ includes the serious loss of sales, markets, reputation, goodwill or other financial harm, or serious impairment of the ability to produce, provide or develop products or services. An application for exemption must be made within 7 days of the Reservist being served his mobilisation notice. Applications for exemption will be determined by an Adjudication Officer, who must balance the needs of the employer with the needs of the reserve Forces. Employers can appeal against the decision of the Adjudication Officer to the Independent Reserve Forces Appeal Tribunal. Q: Can employers receive financial compensation if an employee is called up? A: Yes. Employers can claim financial assistance if an employee’s mobilisation results in additional costs for their business. This assistance can cover the additional costs of advertising for, and interviewing, replacement staff; agency fees and overtime; and any re-training costs incurred when the employee returns from military duty. Q: If an employer makes a declaration of support for the Reserve Forces, does this oblige the employer to release Reservists at any time? A: No. We encourage employers to make a Declaration of Support to demonstrate that they recognise the importance of the work of the Reserve Forces, and that this may occasionally require employees to spend time away from work on their military duties. But a Declaration of Support does not have any binding effect on the employer. Q: How much time does a reservist normally need to take off work for training? A: The training liability for Reservists varies slightly between and within each Service, but is typically about 30 days each year. This is usually made up of a weekly training evening, a number of weekends and a period of 15 days’ continuous duty. The continuous period is of particular importance.
|
Copyright © 2000, DeltaWeb International Ltd