HISTORICALLY, there was no obligation on members of the Territorial Army and other volunteer reserve forces to tell their employers of their status - presumably because it was thought some employers may discriminate against reservists by refusing to employ them.

However, certain lessons have been learnt from the recent mobilisation of 12,000 reservists for deployment in Iraq and Afghanistan, the largest in 50 years. One of these was that some employers were unaware that they employed reservists - often in key positions - who were liable to be called up for military service at short notice.

In response, the Ministry of Defence has changed the rules. Since April 1, recruits to the volunteer reserve forces are now required to agree to their employers being informed of their status.

The aim is to ensure that employers are better informed as to their obligations to their reservist employees and can adequately plan for their absence and ultimate return.

The new rules also require reservists to consent to new employers being informed of their status should they change jobs. Existing reservists will have to inform their employers upon their next re-engagement, typically once every three years.

Employers need to be aware of the rules relating to reservists.

Briefly, it is a criminal offence to refuse a reservist permission to undergo a tour of duty. Although they are not entitled to payment from their employer during a period of military service - the employee will be paid directly by the MoD - a reservist returning from service has the right to be re-employed provided they start work within six months of demobilisation.

Normally, the reservist will be entitled to those terms and benefits of employment which he/she would have enjoyed had they not been called up.

Published: 11/05/2004