§ Earl Attleeasked Her Majesty's Government:
How many members of the reserve forces are expected not to seek re-engagement due to the new requirement to notify their employers of membership of the reserve forces. [HL1174]
§ Lord BachWhen reservists are mobilised their employers are informed of their membership of the reserve forces. In addition, surveys undertaken by the Ministry of Defence have shown that a large majority of reservists have told their employers that they are182WA members of the Volunteer Reserve. Therefore, we do not expect routine employer notifications to have a significant impact on recruitment or retention.
§ Earl Attleeasked Her Majesty's Government:
Whether commissioned members of the volunteer reserve forces will enjoy an unfair advantage over those who are not commissioned, since they do not have to re-engage regularly and thus inform their employers of their membership. [HL1175]
§ Lord BachReservists who do not routinely re-engage, such as commissioned officers, will be obliged to notify their employer of their membership of the volunteer reserve forces at the earliest opportunity before 31 March 2005. After that date notification will be compulsory unless an exemption or waiver is granted. Failure to comply will be regarded as being incompatible with continued membership of the Volunteer Reserve Forces.
§ Earl Attleeasked Her Majesty's Government:
Whether there is any legal restriction on employers' rights to counsel an employee to leave the volunteer reserve forces. [HL1176]
§ Lord BachWhile there are no legal restrictions on employers counselling employees to leave the volunteer reserve forces, we would urge them not to do so. Reservists bring a great deal of skill and experience to their civilian employers—skills which would cost thousands of pounds for the employer to secure through other forms of training.
If employers have concerns, they should contact the Ministry of Defence before making any decisions. This can be done through the Supporting Britain's Reservists and Employers (SaBRE) website at www.sabre.mod.uk.
§ Earl Attleeasked Her Majesty's Government:
Whether a member of the volunteer reserve forces will have the right to prevent an employer being notified of his membership. [HL1177]
§ Lord BachAn automatic exemption from employer notification will be granted to reservists whose unit, residence or employer is located in Northern Ireland. Reservists on the strength of special forces units will also be granted such an exemption.
Reservists, other than those granted exemption, may apply for a waiver if they believe they have good reasons for not informing their employer of their membership of the volunteer reserve forces. In addition, a unit commanding officer may also seek a waiver on a reservists' behalf if he believes there are other good grounds for doing so. Waivers are temporary and may be granted for up to one year after which a further waiver may be sought if still needed.
Reservists have the right to appeal if an application for a waiver is turned down.