HC Deb 29 January 2003 vol 398 cc857-8W
Mr. Swire

To ask the Secretary of State for Defence what recent discussions he has had with employers of reservists currently on the reserve list; and how many reservists have been called up to date. [93869]

Dr. Moonie

As at 21 January 2003, 1,816 reservists had been sent call-out notices in support of Operation TELIC. Single Service Adjudication Officers have been in contact with reservists' employers to consider applications for revocation, exemption or deferral of employees' call-out and applications for financial assistance to cover the additional costs resulting from call-out as defined by the Reserve Forces Act 1996 (RFA 96).

In addition, the Ministry of Defence has been conducting a long-standing campaign designed to win and maintain the support of Britain's employers for the volunteer reserve forces, which was re-launched in September 2002 as the SaBRE (Supporting Britain's Reservists and Employers) campaign. Its purpose is to explain to employers not only the benefits of employing reservists, but also the attendant rights and obligations that employers have in respect of those of their employees who are also reservists.

Mr. Swire

To ask the Secretary of State for Defence what measures he will take to prevent breaches of the Reserve Forces (Safeguard of Employment) Act 1985. [93870]

Dr. Moonie

The Ministry of Defence has been conducting a long-standing campaign designed to win and maintain the support of Britain's employers for the volunteer reserve forces, which was re-launched in September 2002 as SaBRE (Supporting Britain's Reservists and Employers). Its purpose is to explain to employers not only the benefits of employing reservists, but also the attendant rights and obligations that employers have, including the requirement to reemploy reservists who have been called-out in accordance with the Reserve Forces (Safeguard of Employment) Act 1985. In addition, when a reservist is called-out, a letter is sent to their employer reminding them of their obligations under the Act.

Mr. Swire

To ask the Secretary of State for Defence what measures he will take against companies in violation of the Reserve Forces (Safeguard of Employment) Act 1985. [93871]

Dr. Moonie

Under the Reserve Forces (Safeguard of Employment) Act 1985, an employer must take into his or her employment, under the same conditions of service as they were previously serving, those former employees who have been called-out as reservists who make a written application at the end of a period of called-out service. If this is not reasonable and practical, the reservist must be reinstated on the most favourable terms of service available.

Under the Act, where an employer fails to reinstate a reservist, the reservist may apply to a reinstatement committee. These committees, appointed by the Secretary of State for Trade and Industry, have the power to compel an employer to reinstate an employee and/or order the employer to pay appropriate compensation. Failure to comply with an order of a reinstatement committee is a criminal offence and an employer may be fined on conviction.

The Act confers no powers on the Ministry of Defence to take measures against employers who fail to re-instate a reservist.

Mr. Swire

To ask the Secretary of State for Defence what financial and legal support he will give to reservists sacked by companies in violation of the Reserve Forces (Safeguard of Employment) Act 1985. [93872]

Dr. Moonie

The Reserve Forces (Safeguard of Employment) Act provides for reinstatement and/or compensation for reservists dismissed from their jobs whilst called out. Reservists who feel they have been unfairly dismissed by their employer may apply to a reinstatement committee to hear their case.

Any decision to seek legal advice is a matter for the individual, and the Ministry of Defence is not in a position to offer legal advice in individual cases. However, The Forces Law Network, an association of solicitors with experience of the needs of service personnel, can provide independent legal advice. Advice on how to apply for reinstatement, and what to do if any employer fails to honour his/her legal obligations, is available to reservists at both unit and regional level. In addition, the SaBRE (Supporting Britain's Reservists and Employers) campaign can answer general queries about the provisions of the Act.