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INSIGHT: What do Military Reservists, Women on maternity leave and Whistle-blowers have in common?

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From October 1st if you have a member of staff in the Territorial Army they can claim unfair dismissal from their first week of service if they believe they have been discriminated against.

If an employer has a member of staff in the TA and they believe they have been dismissed for their membership for whatever reason, they are able to claim unfair dismissal from day one, that is they do not need two years length of service as most employees do.  This puts military reservists on a par with groups who can claim protection under anti-discrimination legislation and/or have whistle blown.

Section 48 of the Defence Reform Act 2014 comes into force in October and removes any statutory qualifying period for unfair dismissal where the dismissal is connected with the employee’s membership of the reserved forces (TA, Royal Navy Reserve, Royal Marines Reserve or Royal Auxiliary Air Force).

At the same time the order (Section 46 and schedule 7) allows the Secretary of State to make payments to small and medium-sized employers of reservists called out for service, in addition to the award currently paid for incurred costs as a result of the reservist’s absence from work.

Full details of the new payment scheme are contained in the Reserve Forces (Payments to Employers and Partners) Regulations 2014.

For information on all employment issues contact susan.mayall@pearsonlegal.co.uk

Also in this issue of Insight

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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