What are an employer's duties regarding reinstatement of a reservist if he or she is injured during active service?
Employers have a duty to reinstate a reservist after active service, if it is reasonable and practicable to do so. The same rules on reinstatement apply regardless of whether or not the reservist is injured while on duty, or experiences mental health problems. The employer is not obliged to take the reservist back into employment until he or she is demobilised and makes a written application to return to work. If a reservist is injured while on duty, it is possible that his or her call-out will be extended until he or she has regained a certain level of fitness.
Regardless of whether an injury resulting from duty is mental or physical, it is possible that it might amount to a disability. If this is the case, as well as the requirement to re-employ the reservist following a call-out, the usual duty to make reasonable adjustments and other requirements not to discriminate directly or indirectly against disabled employees will apply.
The effects of the reservist's injury, when any reasonable adjustments are taken into account, may be relevant to the question of whether or not it is reasonable and practicable to reinstate him or her.