Reserve Forces (Safeguard of Employment) Act 1985

Prohibition of dismissal for liability to whole-time service U.K.

17 Dismissal prohibited. U.K.

(1) If the employer of a person—

(a) who may be required to enter upon a period of whole-time service in the circumstances mentioned in paragraph (a) of section 1(1), or

(b) on whom is imposed any such obligation or has given any such undertaking as is mentioned in paragraph (b) of that subsection,

terminates that person’s employment without his consent before the date on which he is required to attend for the purpose of entering upon his whole-time service, and does so solely or mainly by reason of any duties or liabilities which that person is, or may become, liable to perform or discharge by reason of his being, or being liable to be, required to attend as mentioned above, the employer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) If in any proceedings under this section the court is of opinion that there is reasonable cause to believe that the duties or liabilities mentioned in subsection (1) caused or contributed to the termination of the employment, the employment shall be deemed to have been terminated by reason of those duties or liabilities, unless the employer proves that the termination was for a reason not connected with them.

18 Compensation. U.K.

The court by which an employer is convicted under section 17 may also order him to pay to the person whose employment has been terminated, as compensation for any loss suffered or likely to be suffered by reason of the termination, a sum not exceeding an amount equal to five weeks’ remuneration at the rate at which his remuneration was last payable to him by the employer.