Unfair dismissal protection extended for military reservists

David McRae
25th Sep 2014

Following the government’s consultation on the future of the UK’s Reserve Forces (the Territorial Army, Royal Naval Reserve, Royal Marines Reserve and Royal Auxiliary Air Force), further employment protection has been given to military reservists.

Employment law tribunal cases


From 1 October the statutory qualifying period for unfair dismissal will not apply to reservists when the dismissal is related to their membership of the Reserve Forces and therefore they will be able to bring a claim for unfair dismissal within the first two years of their employment in those circumstances.


The change applies to dismissals from 1 October 2014, alongside another development that will allow the Secretary of State to make payments to small and medium-sized employers of reservists who are called out for service. These payments will be in addition to the award currently available to help employers replace reservists when they are called out.

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