The Fire Services (Compensation) Regulations 1974

National service

5.—(1) Where any person to whom these Regulations apply would have been serving immediately before the material date as a regular fireman 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 to have his case considered for the payment of compensation on the ground—

(a) if he is not given or offered re-employment as a regular fireman in his former rank or in any reasonably comparable employment, of loss of employment;

(b) if he is so re-employed with reduced emoluments as compared with the emoluments which he would have enjoyed had he continued to serve as a regular fireman in his former rank, of diminution of emoluments.

(2) The loss of employment which is the ground of a claim for compensation under sub-paragraph (a) of paragraph (1) 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 claimant shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued to serve as a regular fireman in his former rank.