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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Reserve Forces...
 Reserve Forces
 
creynolds
115 posts
5th
Joined
12/12/2006

Reserve Forces
Posted: 23 Jun 08 3:05 PM
This week buddy was asked:  One of our employee’s has recently joined the Reserve Forces.  If the individual is called up, are we able to refuse them leave to go?  If not, are we required to re-employ them upon their return?
creynolds
115 posts
5th
Joined
12/12/2006

Re: Reserve Forces
Posted: 30 Jun 08 10:20 AM

Buddy says: Reserve Forces can be mobilised on a voluntary and/or compulsory basis.  While an employer is not obliged to agree to an employee's request for voluntary mobilisation, where a call-up notice has been issued a refusal to let an employee go is a criminal offence. It is also a criminal offence to dismiss a reservist because of the risk that they may be called out for military duties.

Having completed the requisite period of service, an employee has the right to be re-employed upon his/her return.  This right applies for 6 months after the completion of service and is not dependent upon the individual’s length of absence.   

Employer information: It is important for employers to be aware that re-employment should be to the same job and on terms and conditions no less favourable than if the employee had not been called up.  If this is not possible, then the reservist must be offered “the most favourable occupation and on the most favourable terms and conditions which are reasonable and practicable.”
 
Losing key employees for an indefinite period will be a significant concern for some employers.  They do, however, have the right to apply for the call-up notice to be deferred or revoked, within 7 days of the notice being served, on the basis that the loss of the employee will cause serious harm to the business which could not be prevented by financial assistance.  There is a right of appeal to an independent tribunal if the application is refused.

An employer is not required to pay the employee his /her normal salary during any period of military service.  During this time the employee will be in receipt of service pay from the Ministry of Defence.  An employer is entitled to receive financial assistance when a member of the Reserve Forces is called up (subject to specified limits), if the employee’s mobilisation results in increased costs to the employer.  In addition an employer can make a claim for compensation, up to a capped amount.

  Discussions  Buddy's question time  Reserve Forces...
 
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