Protection If Extending In Mob Service

Discussion in 'Army Reserve' started by YANTOFULPELT, Feb 6, 2007.

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  1. A number of my guys are extending their Mob service by a few weeks. What does RFA 96 and SI 859 give them as regards to Employer Protection?

    Rumour control is that they are likely to lose everything!!!

    Answers of a sensible and informative nature are appreciated.

    Ta
     
  2. When I asked to extend in 2003 I had to produce a letter from my employer stating that they were happy for me to do so - or a letter resigning from said employer - to proceed with the application. The explanation I got was that the legal protection disappears on extension and the system wished to avoid soldiers getting sacked.

    That said, I can't quote chapter and verse from TA regs/RFA 96 to back this up.
     
  3. Call Out letters now state that "11.5 months minimum" is the time away. The issue of extensions may be a wee bit dark.
     
  4. You are protected for 12 months by RFA 96. However that is 12 months within a 3 year period. Do more than that and you have no job protection
     
  5. OldSnowy

    OldSnowy LE Moderator Book Reviewer

    What rubbish is being spoken here - through a lack if info, I'm afraid.

    Firstly - RFA 96 is the Reserve Forces Act. what we are talking about here is the SOE 85 Act - Reserve Forces (Safeguard of Employment) Act 1985. THis is completely different, and not even MoD legislation.

    Next - there is no time limit in this Act - the original Act which this '85 version updates was intended to help those coming back from WW2, where many were mobilised for 6 or more years.

    SOE 85 depends a great deal on practicability - what about those whose workplace had been bombed flat - an employer couldn't be expected to take them back!

    So, DO NOT confuse RFA and SOE. 2 completely separate issues; I won't go into details here, but basically you DO NOT LOSE ANY EMPLOYER PROTECTION if you increase your mobilised time. The only time that you may do so is if your employer can prove that it is neither reasonable nor practicable for him to take you back on - and AFAIK this has only happened once, when a Reservist did several back-to-back deployments over nearly 4 years - it was not reasonable in that case for the employer to take them back. A few weeks/months would not, in most case, be held to be a reason not to re-employ someone.
     
  6. Why did I have to sign a form when I went over 12 months in 3 years then? If I did not sign I was to be demobbed straight way? I was told I would loose certain rights?
     
  7. OldSnowy

    OldSnowy LE Moderator Book Reviewer

    RFA = Reserve Forces Act. 1 Year in 3 or 1 in 5.
    SOE = Safeguard of Employment. No set limits.

    Anyone who volunteered to do more than 1 in 3 would not be covered by the RFA as regards the things that this covers - additional payments, etc. Current policy is, I think, that no-one can be asked to do more than 1 in 3 in mobilised service (it is simply not possible to do so, and anyone who did so before was being led astray somewhat!). If you want to do more than 1 in 3 (or 1 in 5, depends what you are called out under) then you will have to go as FTRS. This may change in the near future, but for now 1 in 3 or 5 is the limit, if you wish to be covered by the RFA.
     
  8. did I not say that at the start?
     
  9. Sage words from Old Snowy.

    So, to confuse the issue RFA 96 says "No" but SoE 1985 says "Yes"?????

    Help, fatang,fatang, ole, biscuit barrel, pencils up the nose. pants on the head!!
     
  10. I suspect Old snowy's point was that the RFA covers "additional payments" etc., Where as SOE covers safeguard of employment.

    Just reading what he actually said in his last post, it appears that you won't get sacked, but you won't get the extra cash to bring you up to what you get paid as a civvy?
     
  11. The lads are already Mobbed, in Service and training with their Regular unit.

    I have done some digging and the Certificate that their Employer signs refers to SoE as their guidance.

    Therefore covered :thumright:

    (Max, The Oracle Strikes Back!! PS Visiting GS in Inverness so will miss you, back with the better half too :thumleft: )
     
  12. When signing up for an extension it says on the form:

    "I am aware that if I was employed before I was mobilised the MOD will ask my employer's agreement before allowing me to extend. I understand that any extension the MOD may give me may be rescinded if the post I am filling is no longer needed."

    Now, I'm not entirely convinced that the MOD asks every employer of reservists wishing to extend - but the implication is there that you should have cleared it with your employer before extending.

    I have only ever heard of one extension being turned down because an employer said no.