The British Transport (Compensation to Employees) Regulations 1970

National service

5.—(1) Where any person to whom these regulations apply would have been employed immediately before the first material date as an officer of a nationalised transport body or of a subsidiary of such a body, or as an officer of an existing operator, but for any national service on which he was then engaged, then if before the expiry of two months after ceasing to be so engaged, or, if prevented by sickness or other reasonable cause, as soon as practicable thereafter, he gives notice to the compensating authority that he is available for employment, that person shall be entitled—

(a) in a case where, in consequence of an event specified in any of paragraphs (a) to (d) of section 135(1) of the Act, he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the same or in a different service), to have his case considered for payment of compensation for loss of employment, and (if appropriate) for loss or diminution of pension rights, and

(b) in a case where, in consequence of any such event, he is so re-employed with diminished emoluments, or with loss or diminution of pension rights or worsening of his position as compared with the emoluments, pension rights or position which he would have enjoyed had he continued in his former employment, to have his case considered for payment of compensation for diminution of emoluments, or for loss or diminution of pension rights, or for worsening of his position (as the case may warrant).

(2) The loss of employment which is the cause of a claim for compensation under paragraph (1)(a) shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment, and the person shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued in his former employment.