Members
of the Territorial Army have been compulsorily mobilised for the first time
since the Suez crisis 45 years ago, as part of the continuing war on terror.
Although
employers who have staff in the TA are permitted to appeal in certain
circumstances, they are being warned to check their legal position as staff are
protected under the Reserve Forces (Safeguard of Employment) Act.
Helen
Goss, an employment lawyer at Morgan Cole explained how some companies will be
able to claim financial compensation if their staff are called up, but should
make sure they abide by the rules: “Employers would be wise to assess their
legal rights and obligations regarding employees in the TA should any of them
be called up for service. They should also watch all the time limits for taking
action,” she said.
Companies
affected will be able to claim financial assistance to cover the costs of
releasing staff for service.
A
total of 140 TA soldiers from 3 (Volunteer) Military Intelligence Battalion
have been called up to assist intelligence personnel and are expected to be
mobilised for up to six months.
Most
of those will be based in London but around 40 are being posted to Afghanistan.
The MOD said it has no plans to widen the mobilisation, but is keeping the
situation under review.
Two
years ago an RAF reserve officer was paid an undisclosed sum by Suisse First
Boston after being sacked on his return from service in Kosovo. The
intelligence officer challenged the bank at a reinstatement committee and
planned to go to a tribunal, but eventually received an out of court settlement.
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