Reservist Employment Rights
Reservists are protected from dismissal by reason of their reserve service under the Reserve Forces (Safeguard of Employment) Act 1985. Employers must grant leave for mobilisation and reinstate the reservist in their old role or a comparable one upon return.
Last updated: February 2025
Approx 2 weeks/year
Annual training
Up to 12 months typically
Mobilisation duration
Within 6 months of demob
Reinstatement deadline
What the Law Says
The Reserve Forces (Safeguard of Employment) Act 1985 protects the employment of reservists called up for service. Employers must reinstate reservists within 6 months of demobilisation on terms no less favourable than before mobilisation. The Reserve Forces Act 1996 provides the framework for call-up. Employers can claim financial assistance through the Reservist Award scheme.
Your Obligations as an Employer
- Allow leave for annual training (typically 2 weeks)
- Release employees for mobilisation when called up
- Reinstate the reservist on return in their old or a comparable role
- Apply for Reservist Award financial assistance to cover additional costs
What to Include in Contracts
Acknowledge the employee's reserve status, confirm leave arrangements for annual training and mobilisation, reference the employer's obligations under the Reserve Forces Acts, and specify the reinstatement process on return from service.
View related contract templateCommon Mistakes
- Dismissing an employee because of their reserve commitments
- Not applying for the Reservist Award to offset costs of mobilisation
- Failing to reinstate the reservist in an equivalent role on return
FAQ
Does an employer have to pay reservists during mobilisation?
No. During mobilisation, the reservist is paid by the Ministry of Defence. The employer is not required to top up pay but can apply for a Reservist Award to cover the costs of replacing the employee during their absence.
Can an employer refuse to release a reservist for mobilisation?
Employers can apply to an adjudication officer for exemption or deferral if mobilisation would cause serious harm to the business. The application must be made within 7 days of receiving the call-up notice. Exemptions are granted only in exceptional circumstances.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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