Legal question about my employer

Discussion in 'Army Reserve' started by allie5, Nov 13, 2009.

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  1. I have recently looked at applying for a family friendly working policy at my civilian job. I meet all the criteria set out in the flexible working policy but at the end it says " applicants must not be agency workers or MEMBERS OF THE ARMED FORCES" Can they actually do that? The company knew I was a member of the TA when I was employed, I have never hidden my commitment nor asked for time off for training. I have used my holidays and/or changed shifts to accomodate my training. I have the SABRE helpline number but obviously shut until monday! Any help much appreciated!
  2. can you give us the full context that line was used.
  3. Gremlin

    Gremlin LE Good Egg (charities)

    It is a standard clause.

    For example from the PCSU website, regarding Family Friendly Working Practices:

    Ref: Flexible Working Rights
  4. Is this not refering to regular members of the armed forces rather than the TA working in a civvie job?
  5. Gremlin

    Gremlin LE Good Egg (charities)

    I did wonder about that, as the directive does not apply to The Forces. However reading between the lines, and taking the full article (see link) in its context, I would say that this was a direct reference to The Reserves; but I stand to be corrected on that one!
  6. Having had a look at the legislation (Employment Act 2002 amending the Employment Rights Act 1996) - I am fairly sure it means that members of the Forces (Regular or Reserve) cannot ask the Services for flexible working.

    I can't see that this has any bearing on your ability, as a member of the TA, to ask your civvie employer for flexible working - the PCS and ACAS language simplifies the legal language - which excludes employment as a soldier etc rather than employment not by the Crown while you just happen to be a soldier. So, for example, a reg with a legit 2nd job could ask for flexible working in that role, as well.
  7. Idrach is right, for the right reasons. I'll just rephrase what he said, for kicks.

    The exclusion of members of the Armed Forces applies to them with regard to their employment by the MOD. It means members of the Armed Forces have no legal right to request that the MOD grants them flexible working.

    It does not apply to the civilian employment relationship between a TA soldier and their civilian employer.

    So if allie5 makes the request, his/her employer has a duty to consider it.

    Note that even members of the Armed Forces can ask the MOD to consider flexible working: it's just that there is no legal duty on the MOD to consider the request.