Employment issues
128. We have received correspondence from individual
reservists, and from a firm of solicitors representing reservists,
raising concerns about employment problems encountered after returning
from operations. A key concern raised was that reservists had
not been given adequate briefing on mobilising and, as a result
their expectations of their personal employment protection were
high and over optimistic. MoD told us that the Reserve Forces
(Safeguard of Employment) Act 1985 deals with the rights of reservists
in respect of reinstatement in their former employment after mobilisation.
There is a general requirement on the employer to reinstate the
reservist on return from a period of mobilised service. If it
is not reasonable or practicable for the reservist to be given
their old job, they must be offered employment on the same terms
and conditions or on the most favourable terms and conditions
applicable in their case. Employers are required to continue to
employ the reservist for a set period after reinstatementdepending
on the length of time the reservist has worked for the employer.
The Act provides an appeal procedure, to bodies called reinstatement
committees, which may order reinstatement or payment of compensation
or both. The Act also makes provision for other circumstances,
including the bankruptcy of the employer.[186]
129. There have been reports in the media that a
number of reservists, in particular members of the TA, had lost
their jobs since returning from Iraq and we asked MoD to investigate
this. MoD told us that there was no obligation on reservists to
inform their units or MoD of any difficulty they may have in obtaining
reinstatement, or any other problems they may have with their
employers. MoD also told us that there was no evidence to suggest
that this problem was widespreadto date MoD was aware of
17 cases, which have resulted in applications to the reinstatement
committees established under the 1985 Act. In its view, this was
a very low figure when set against a background of more than 8,500
Reservists mobilised for Operation Telic during 2003two
of the cases related to other operations.[187]
MoD was also aware of two other cases where reservists sought
to bring a case before an Employment Tribunal, rather than a Reinstatement
Committee.[188] We
note that MoD has commissioned a study to measure the degree of
employer support for the mobilisation of the Reserve and look
forward to seeing the findings and the lessons that MoD identify.[189]
But we also consider that MoD needs to adopt a more proactive
approach to identifying cases where reservists have experienced
employment problems following a period of mobilisation. Reservists
need to be assured that they will not lose their jobs, as a result
of being mobilised, and that support will be available if they
encounter such problems.
130. MoD told us that it recognised that there was
a risk that reservists returning from a period of mobilised service
might have difficulties in obtaining reinstatement with their
previous employer. To counter this risk, all reservists are briefed
on demobilisation about their rights under the 1985 Act. Guidance
is also given to reservists which covers the issue of returning
to civilian employment.[190]
131. MoD subsequently told us that it was aware of
a number of cases where members of the Territorial Army based
in Germany had lost their jobs on demobilisation. One TA unit
is based in Germany412 Amphibious Engineer Troop (Volunteers).
This unit forms part of 23 Amphibious Engineer Squadron who provide
the only wide water gap crossing capability within the British
Army. The unit's strength is 53, and five additional Royal Electrical
and Mechanical Engineer (REME) posts are also filled by the TA.
Most of these reservists have civilian jobs with MoD in Germany,
but a number worked for German civilian employers and one for
a civilian employer in Denmark. Forty two of these reservists
were mobilised at the end of January 2003 for Operation Telic
and were demobilised at the end of July 2003. Eleven of those
42 lost their jobs with their German (and in one case, Danish)
civilian employers on their return. In response the MoD offered
them positions in their parent unit on Full Time Reserve Service
(FTRS) terms for up to 12 months. Ten of them took up the offertwo
have since obtained alternative employment with other civilian
employers and two have regained their previous employment. As
at early February 2004, the remaining six were still serving on
FTRS terms and had not found alternative civilian employment.
The one reservist who did not take up the offer of FTRS has not
yet found civilian employment. MoD informed us that the Reserve
Forces (Safeguard of Employment) Act 1985 does not apply in Germany,
and the equivalent provisions in German law do not apply to the
TA.[191] We are
very concerned to learn that 11 members of the TA in Germany (over
a quarter of the TA in Germany deployed to Operation Telic), who
form part of a key squadron (the Amphibious Engineer Squadron),
lost their jobs with civilian employers on returning from deployment
on Operation Telic. We expect MoD and the reserve organisations
to raise these matters with the relevant authorities within Germany
and with the civilian employers of the TA reservists in Germany.
132. On 3 February 2004, MoD announced administrative
changes to the recruitment and re-engagement procedures for the
Volunteer Reserve Forces. From 1 April 2004, new recruits to the
Volunteer Reserve Force and applicants for re-engagement will
be required to agree to their unit contacting their employer about
their membership. MoD say that the change will 'enable employers
to be in a better position to plan for the absence of employees
who are reservists and also to be better informed about their
rights and obligations'.[192]
We are concerned that this change seems to have been announced
ahead of the findings of MoD's own study on employer support.
There does not seem to have been prior consultation with members
of the reserves. We recommend that MoD set out why it chose to
make this change at this time.
Impact on the reserves
133. MoD told us that there are no indications to
suggest that the call out of reservists to support Operation Telic
had resulted in a significant increase in resignations from the
Reserve Forces. Some ten per cent of reservists who have demobilised
have expressed an interest in joining the Regular Forces or undertaking
further full-time service.[193]
134. In order to earn their annual 'bounty'the
only financial remuneration which they receive for their commitment
to the Reservereservists need to complete their annual
training requirement. During our visit to Iraq, and subsequently,
reservists have told us that this meant that on top of a full
operational tour to Iraq they would have to complete additional
training on their return in order to be eligible for the bounty.
One group of TA reservists whom we met in Basra, for example,
told us that they would have to do 12 more days on their return
to the UK. Unsurprisingly this caused difficulties both for their
employers and perhaps even more for those reservists who were
self-employed. It is unreasonable that reserve personnel deployed
on Operation Telic should have to do additional service, on top
of the six to nine months taken up by that tour, to qualify for
their annual bounty and we recommend that MoD waives this requirement.
135. MoD has identified a number of lessons relating
to the reserve from the experience of Operation Telic. We look
to MoD to implement these lessons in full. We welcome the announcement
that, following Operation Telic, MoD is adjusting the arrangements
for the higher management of the reserve and that the Directorate
of Reserve Forces and Cadets will come under the direct command
of the Vice Chief of the Defence Staff, which reflects the importance
of this key part of our Armed Forces.[194]
136. Throughout our inquiry we have come into
contact with a range of reservists who served on Operation Telic.
As with the Regular service personnel, we have been impressed
with their dedication and the invaluable contribution they made.
We concur with MoD's conclusion that reservists 'showed the highest
quality and commitment
their value in all phases of an operation
has again been demonstrated.'[195]
166 Ev 404 Back
167
Ev 407-8 Back
168
Ministry of Defence, Operations in Iraq-First Reflections (July
2003), p 41. Back
169
Ministry of Defence, Operations in Iraq- Lessons for the Future
(December 2003), para 9.17. Back
170
National Audit Office, Ministry of Defence: Operation TELIC-United
Kingdom Operations in Iraq (HC 60 Session 2003-04: 11 December
2003), para 5.8. Back
171
Ev 404 Back
172
Ev 408 Back
173
Ev 410 Back
174
Ev 408-9 Back
175
Q 2220 Back
176
Ministry of Defence, Operations in Iraq-First Reflections (July
2003), p 9. Back
177
Ev 419 Back
178
Ev 419 Back
179
Ev 406 Back
180
Ev 408 Back
181
Ev 408 Back
182
Q 2164 Back
183
Ev 443 Back
184
Ev 409 Back
185
Ev 409 Back
186
Ev 427 Back
187
Ev 427 Back
188
Ev 427 Back
189
Ministry of Defence, Operation in Iraq-Lessons for the Future
(December 2003), para 9.22. Back
190
Ev 428 Back
191
Ev 428 Back
192
Announcement by Parliamentary Under-Secretary of State for Defence
(Ivor Caplin), 3.2.04. Back
193
Ev 406 Back
194
Ministry of Defence, Operations in Iraq-Lessons for the Future
(December 2003), para 9.23. Back
195
Ministry of Defence, Operations in Iraq-Lessons for the Future
(December 2003), p 47. Back