§ Earl Attleeasked Her Majesty's Government:
Whether the Volunteer Reserve Sergeant Airman No. T2662568 was supported by the Ministry of Defence in his claim to return to his civilian employment at his original status and salary. [HL4903]
§ Lord BachResponsibility for any volunteer reservist being demobilised following a period of mobilised service rests with her or his unit. All reservists are issued with a copy of JSP 532A guide for reservists seeking reinstatement in civilian employment following a period of mobilised service, which gives 196WA guidance on how to seek reinstatement and the redress available should the employer fail to meet their statutory obligations. Each reserve unit has a unit employment support officer who should be the reservist's first port of call in accessing advice on employment-related matters. Reservists may also make use of the Supporting Britain's Reservists and Employers (SaBRE) helpline and website, or contact an employer support executive (now replaced by regional SaBRE campaign directors) within each reserve forces and cadet association, for additional information and advice. We have no reason to believe any of these resources were unavailable to Sergeant Airman No. T2662568.
§ Earl Attleeasked Her Majesty's Government:
What provision is made under the Reserve Forces (Safeguard of Employment) Act 1985 for legal representation of reservists in reinstatement committee proceedings; and [HL4904]
How the remedies available from a reinstatement committee under the Reserve Forces (Safeguard of Employment) Act 1985 compare to those available under other legislation for a claim of unfair dismissal; and [HL4906]
How the allocation of legal expenses arising from a reinstatement committee under the Reserve Forces (Safeguard of Employment) Act 1985 varies from that available under other legislation for a claim of unfair dismissal. [HL4907]
§ Lord BachProvision for reinstatement committees is established under the Reserve Forces (Safeguard of Employment) Act 1985, with the relevant regulations governing their operation being the Reinstatement in Civil Employment (Procedure) Regulations 1944 (SI 1944/880). The reinstatement committee system is closely aligned with that in place for the consideration of unfair dismissal claims in employment tribunals, and is administered by the Employment Tribunal Service.
Reinstatement committees can order that an applicant should be reinstated and/or compensated. Reinstatement means a return to the applicant's old job on no less favourable terms and conditions than would have applied had he not entered service or, if this is not reasonable and practicable, to the most favourable job on the most favourable terms and conditions that are reasonable and practicable. Compensation is for loss suffered and cannot exceed the amount of pay the applicant would have been entitled to receive had the employer discharged his obligations towards him under the Act. Failure to reinstate further to an order renders an employer liable to summary conviction and the payment of further compensation. Such compensation is for loss suffered and cannot exceed the amount of pay the applicant would have been entitled to receive from the employer had the employer discharged his obligations towards him under the order.
The regulations provide that an applicant may be represented at the sitting of the Reinstatement committee by counsel or solicitor, but there is no 197WA requirement for individuals to be so represented. The reinstatement committees are designed to be informal, and individuals may represent themselves, as several have successfully done. There is no provision for costs to be awarded against either party under the Act or the regulations.
An employment tribunal may order reinstatement or re-engagement and/or the payment of compensation in unfair dismissal claims. Reinstatement in the case of an employment tribunal means a return to the applicant's old job on no less favourable terms and conditions than would have applied had he not been dismissed. Re-engagement means re-employment in employment comparable to that from which he was dismissed or other suitable employment on terms which are, so far as is reasonably practicable, as favourable as an order for reinstatement would confer. Compensation is awarded for the actual financial loss suffered as the result of the unfair dismissal in such amount as the tribunal considers just and equitable in all the circumstances (subject to a statutory maximum of £55,000) and for loss of job security. If a reinstatement or re-engagement order is not complied with, the ultimate remedy is additional compensation which need not be directly related to the employee's loss but may be penal.
An employment tribunal which considers a claim of unfair dismissal has no general power to award costs against either party. They may, however, be awarded where, in the opinion of the tribunal:
- (i) a party has in bringing the proceedings, or a party or a party's representative has in conducting the proceedings, acted vexatiously, abusively, disruptively or otherwise unreasonably; or
- (ii) the bringing or conducting of the proceedings by a party has been misconceived.
§ Earl Attleeasked Her Majesty's Government:
Whether a Ministry of Defence observer was at the hearing of the reinstatement committee case number RCO3/010/LEIC concerning volunteer reserve sergeant airman number T2662568. [HL4905]
§ Lord BachThere was no Ministry of Defence observer at the hearing of the reinstatement committee case number RCO3/010/LEIC concerning Volunteer Reserve Sergeant Airman No. T2662568.