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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 they鈥檙e 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

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.

Reservists need to give their employer鈥檚 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.

Reservists only have to tell their employer themselves if it鈥檚 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, who鈥檒l 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 鈥榚mployer notification waiver鈥�. 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 days鈥� notice when they鈥檙e called up (mobilised). They should let their employer know as soon as possible.

Reservists will be sent a 鈥榗all-out notice鈥� if they鈥檙e needed for full-time service. This is known as 鈥榤obilisation鈥�.

In most cases, reservists get 28 days鈥� notice, but they could get less if they鈥檙e needed urgently.

As a reservist, you should tell your employer as soon as possible when you know you鈥檙e 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.

Reservists鈥� rights

Employers can be fined in court and made to pay compensation if they end a reservist鈥檚 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 you鈥檙e called up at a difficult time (for example, you鈥檙e caring for someone or you鈥檙e 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 - you鈥檒l 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 you鈥檝e 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, you鈥檒l have to get permission from the adjudication officer to make a late application.

Who to contact

If you鈥檝e 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.

If you鈥檙e 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 you鈥檙e mobilised

The total amount you can claim is 拢400 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 that鈥檚 used by your partner (for example, husband or wife), children or dependent relatives, you can claim 拢10.70 a day (around 拢325 a month).

Pension contributions

While you鈥檙e mobilised you can either:

• ask for the days you鈥檙e mobilised to count towards the Armed Forces Pension Scheme
• keep contributing to your personal or work pension (the Ministry of Defence will pay your employer鈥檚 contributions)

If you鈥檙e self-employed

If you鈥檙e 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 拢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 you鈥檝e had to pay them because you鈥檙e mobilised. You can only claim them for the time that you鈥檙e mobilised.聽聽

Expenses you can claim are:聽

• care of a dependent child or relative
• care of a pet
• additional house insurance because you鈥檙e not there
• essential maintenance on your home

How to claim

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

If you鈥檙e an employee, submit your claim on the form included in your mobilisation pack.

If you鈥檙e 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.

You can claim financial support if a reservist you employ is called up.

Do not pay their salary or pension contributions while they鈥檙e away - the Ministry of Defence (MOD) pays these costs. You鈥檒l need to make changes in your payroll system.

What you can get

You can claim financial assistance to cover:

• the cost of a temporary replacement if it鈥檚 more than the reservist鈥檚 salary (up to 拢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 拢300)
• training costs for the replacement (up to 拢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 拢500 a month for each full-time employee who is mobilised if all of the following apply:

• your annual turnover was no more than 拢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
• you鈥檙e a private or charity sector employer or business partner

These are known as employer incentive payments.

You鈥檒l 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 reservist鈥檚 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 they鈥檝e 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).

You鈥檒l need to make some changes in your payroll software if your reservist is mobilised.

If their service will be less than 12 months

Once they鈥檝e started their service:

• put 鈥榊es鈥� in the 鈥業rregular payment pattern indicator鈥� in the next Full Payment Submission (FPS) you send to HM Revenue and Customs (HMRC)
• change their tax code to 鈥楤R M1鈥� if they鈥檙e paid monthly, or 鈥楤R W1鈥� if it鈥檚 weekly

If their service will be more than 12 months

Put a leaving date in your FPS and give them a P45 form. When they鈥檙e back from service, give them a new payroll ID.

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 they鈥檙e 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鈥檙e 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.

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 you鈥檙e returning to work:

• you do not hear back from them
• they will not re-employ you
• they offer you a job you鈥檙e not happy with