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Reserve Forces (Safeguard of Employment) Act 1985

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This is the original version (as it was originally enacted).

17Dismissal prohibited

(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.

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