Reserve Forces (Safeguard of Employment) Act 1985

3 Application for reinstatement. U.K.

(1) An application under section 1—

(a) is of no effect unless it is made in writing;

(b) may be made by the applicant or by some person acting with his authority.

(2) Such application is of no effect unless it is made during the period—

(a) beginning with the end of the applicant’s whole-time service, and

(b) ending with the third Monday after the end of the applicant’s whole-time service,

subject to subsection (3).

(3) Such an application made after the end of that period is not invalid because of subsection (2) if—

(a) the applicant was prevented from making it within that period by his sickness or other reasonable cause; and

(b) the application was made as soon as reasonably may be after the expiry of that period.

(4) Such an application ceases to have effect on the expiry of thirteen weeks from the date of its making, except that—

(a) while the application is still in force it may from time to time be renewed in writing by the applicant or by some person acting with his authority, and, if it is so renewed, does not cease to have effect by virtue of this subsection until thirteen weeks from the date of the renewal, and

(b) if, at the time when the application would otherwise cease to have effect, proceedings for the determination of any question affecting the application are pending under this Act, the application does not cease to have effect by virtue of this subsection until fourteen days after those proceedings have ceased to be pending,

and for the purposes of paragraph (b) proceedings shall not be treated as having ceased to be pending until the time for appealing has expired or, where an appeal is brought, until the appeal is decided or withdrawn.

(5) An application under section 1 or any renewal of such an application may be made either—

(a) directly to the former employer, or

(b) in the prescribed manner, at any such local office as may be appointed by the Secretary of State, or, in Northern Ireland, by the Department of Economic Development,

and where any application or renewal is so made or given at such a local office it is the duty of the Secretary of State, or, in Northern Ireland, of the Department of Economic Development, to take such steps as may be practicable to forward it to the former employer.