Job protection

Discussion in 'Army Reserve' started by Goku, Nov 1, 2005.

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  1. I think I already know the answer to these questions but thought it best to ask anyway.

    If I choose not to tell a new employer that I’m in the TA and I then volunteered for service or I was called up, would the MOD still protect my civilian job?


    If I choose not to tell a new employer that I’m in the TA until after I’ve passed my probation period, could they then turn around and sack me for not telling them in the first place?
  2. I'd be very careful how you play this one mate. Speaking from experence, declined to inform an employer that I had joined the TA (Just left the regs) I suffered a serious injury whilst on a training weekend after being emplyed by my civi employer for 13 months (Just off probation) Well the bottom line was instant dismisal from my civi job whilst still being in hospital. The grounds for my sacking was on the basis of my 'lack of integitry' for failing to inform them of my reserve forces activities. Took them to tribunial through the union etc and lost. The reason for that was it was clearly stated on the job application that I had to fill in all details of Regular, TA and reserve service. If asked I would declare it, If you are not asked.......... well that would be your choice to disclose or not.
    As for Job protection.............. allegedly yes the MOD would protect your job, real world? from bitter experience from Telic 3, several of the TA guys who where in theatre with me, lost their jobs and then got fcuk all support from HMG. A couple had to take out civil cases against their former employers, but that was at their own expence.
  3. Your employer will find out anyway via the Employer Notification Scheme - when you tell your unit you've changed employer they get in touch. And if you don't tell your unit then your OC will nail you for not being honest when he eventually finds out. You can apply for an exemption but my understanding is that they are for exceptional cases only.

    As to your employer, lie on your application form and you're liable to dismissal - ditto lying in interviews. Even if the form does not specifically ask about Reserve Forces most employment contracts contain a requirement for you to tell your employer about any other paid work you do - eg the TA. Keep quiet and you're in breach of contract - not good.

    If your employer refuses to give you a job because you are in the TA - tough. That's perfectly legal.

    The only legal safeguard is the one obliging your employer to give you your job back post mobilisation. Even then you receive no help whatsoever from the system, you have to fund and run the case yourself.

    And the obligatory link:

    So, why are we so short of people again ?
  4. Not just breach of contract. You'll have been "obtaining a pecuniary advantage [ie, money] by deception": fraud.