Re: Winter 2014/15 | Page 35

Greater protection for military reservists The Defence Reform Act 2014, which includes provisions offering greater protection to reservists, is now in force. Previously when military reservists were called up, they were paid directly by the Ministry of Defence (MoD). Employers could then claim expenses of up to £110 per day in respect of additional costs incurred while replacing the reservist. From 1 October 2014, both small and medium employers will be able to receive up to £500 per month for each full month a reservist is absent from work, provided they are on a full-time contract and work at least 35 hours a week. The amount is pro-rated for periods of less than a month and where the reservist works less than 35 hours a week. The financial incentive is on top of the existing Employer’s Award, which covers the cost of replacing reservists when they are mobilised. This is to encourage businesses to continue being supportive employers, as it had previously been indicated that the costs of employing a reservist outweighed the benefits. Furthermore, if an employee’s employment is terminated after 1st October 2014 they will not need to have two years employment to qualify for an unfair dismissal claim, as long as the dismissal is connected with the employee’s membership of the Reserve Forces. This is not to say that the claim will be deemed to be automatically unfair but it will be possible for such employees to claim for unfair dismissal from the first day of their employment. The new legislation aims to give reservists greater job security and financial assistance. By Sarah Carr-Locke 35