Rights and responsibilities for reservists and employers
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 can’t 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 aren’t 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 don’t hear back from them
- they won’t re-employ you
- they offer you a job you’re not happy with
Employment Tribunal Service (England, Scotland and Wales)
14-22 The Parsonage
Tel: 0161 833 6316
The Secretary, Office of the Industrial Tribunals (Northern Ireland)
2 Cromac Quay
Tel: 02890 327 666