On what grounds can an employee who is a reservist contest a call-out notice from the Ministry of Defence?
A member of the reserve forces can contest a call-out notice by applying for a deferral, revocation or exemption in respect of the period of mobilisation.
The employer also has the right to apply for deferral, revocation or exemption on the ground that the employee's mobilisation would cause serious harm to the business. Where this ground applies and the employer wishes to make an application, it should do so even where the employee is also contesting their call-out notice.
The reservist can make the application on the grounds that they:
- have the primary responsibility for the care of someone with a severe physical or mental disability and it is not possible to make adequate arrangements for someone else to provide that care;
- have sole parental responsibility for a child and it is not possible to make adequate arrangements for someone else to care for the child;
- are engaged in education or training that is intended to prepare or qualify them for a vocation or job and that would be seriously disrupted by their absence;
- are working in a family-owned business that would suffer serious harm as a result of their absence; or
- have entered into a contract of employment but have not yet started work and the employer does not agree to postpone the start date until after the period of service.
The Reserve Forces (Call-out and Recall) (Exemptions etc) Regulations 1997 (SI 1997/307) provide that a reservist can also make an application on any other ground that an adjudication officer ought, for compassionate reasons, to consider.