Reservists

Statutory Rights for Reservists

Who is a Reservist?

Includes members of:

  • Royal Air Force Reserve
  • Royal Auxiliary Air Force
  • Army Reserve
  • Royal Fleet Reserve
  • Royal Naval Reserve
  • Royal Marines Reserve
  • Regular Reserve (or those liable under Part VII of the UK Reserve Forces Act 1996)
Right to Return to Work

Reservists are entitled to:

  • Return to the same or an equivalent job. 
  • Retain seniority, pension rights, and terms/conditions as if they hadn’t been absent.

Note: The period of service does not break continuity of employment but does not count towards service length under Article 57.

Notice Requirements

Reservists must:

  • Notify their employer in writing of their return.
  • Do so by the 3rd Monday after service ends.
  • Be available for work within 21 days after that Monday.

Exceptions: If delayed due to sickness or other reasonable cause, notice is still valid if given as soon as possible.

Employer Obligations
  • Must reinstate the reservist as soon as reasonably practicable.
  • If the reservist doesn’t return within 6 months, the employer is no longer obligated to keep the job open.
Tribunal Complaints

Reservists can complain if:

  • The employer fails to reinstate them after proper notice.

 

Tribunal remedies may include:

  • Reinstatement (with full rights restored) 
  • Re-engagement (possibly with a new employer or role) 
  • Compensation (up to 52 weeks’ pay)
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