Reserve Forces (Safeguard of Employment) Act 1985

Section 8.

SCHEDULE 3 U.K. Orders of Reinstatement Committees

Orders requiring employment to be made available U.K.

1 U.K. An order requiring that employment shall be made available to the applicant by his former employer may be made notwithstanding—

(a) that more than six months have elapsed since the end of the applicant’s whole-time service; and

(b) that the date on which the employment is to be made available to the applicant is more than six months after the end of the applicant’s whole-time service.

2 U.K. Any such order shall be made against the person who is the applicant’s former employer at the time of the making of the order, and accordingly it is his duty to secure compliance with that order.

3 (1) Where the applicant is taken into the employment of his former employer in pursuance of any such order, the provisions of this Act have effect in relation to the applicant as if he had been taken into employment in pursuance of the obligation imposed on his former employer by section 1. U.K.

(2) Where the applicant has already been in the employment of his former employer for any period since the end of his whole-time service, the period of 26, 52 or 13 weeks for which, under section 7 as applied by this paragraph, the applicant has to be employed shall be correspondingly reduced.

4 (1) Where— U.K.

(a) in pursuance of any such order the applicant’s former employer makes employment available to the applicant on the date specified in the order, but

(b) the applicant is prevented from taking it by sickness or other reasonable cause,the former employer is under the like obligation as he would have been under if the employment had been made available in pursuance of the obligation imposed by section 1.

(2) Where the date specified in the order as the date on which employment is to be made available is more than six months from the end of the applicant’s whole-time service, so much of section 1 as provides that in no case shall the former employer be under an obligation to take the applicant into his employment after six months after the end of the applicant’s whole-time service shall have effect as if for the reference to the end of the applicant’s whole-time service there were substituted a reference to the date so specified.

Orders for compensation U.K.

5 U.K. An order for the payment of money by way of compensation shall—

(a) in so far as the compensation is in respect of a period subsequent to the order, be made against the person who is the applicant’s former employer at the date of the order, and

(b) in so far as the compensation is in respect of a period before the order, be made against the person who was the former employer during the period of default by reason of which the order was made,

and where different persons have been at different times the applicant’s former employer, the sum payable under the order shall be apportioned by the order between those persons, and references in this Act to the person against whom such an order is made shall be construed accordingly.