From 1 October 2014, the Defence Reform Act 2014, will amend S.108 of the Employment Rights Act 1996 so that there is no minimum qualifying period of employment to bring a claim of unfair dismissal if the reason (or, if more than one, the principal reason) for the dismissal is, or is connected with, the employee's membership of a reserve force. This amendment will apply where the employee's effective date of termination falls on or after 1 October 2014. In addition: (i) the Army Reserve will be renamed as the Regular Reserve and the Territorial Army will be renamed as the Army Reserve; (ii) the powers of the Secretary of State to call out reservists will be extended for certain non-war theatre operations to wherever it is necessary or desirable to use members of a reserve force; and (iii) the Secretary of State will have the power to make payments to small and medium-sized employers of reservists who are called out for service, in addition to the payments already available to cover temporary replacement costs incurred as a result of the reservist's absence. These changes are against the background of the Government's aim to increase the number of army reservists to 30,000 by 2020 and the knock-on effect is employers potentially having to manage more absences for reserve force duty.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
