When might it not be reasonable and practicable to reinstate a reservist to their former role?

There is no set definition of when it is reasonable and practicable to reinstate a reservist to their former role and there is little guidance from case law.

One example of when it may not be reasonable and practicable to reinstate a reservist is if their role has become redundant while they were on active service. For example, the role may no longer exist following a reorganisation of the business, or the reservist may have been employed on a particular project, which has since been completed.

If it is not both reasonable and practicable to reinstate the reservist to their former role, the employer has a duty to take them back into employment in the most favourable occupation that is reasonable and practicable in that particular case.