Employing staff in reserve forces policy

1 Introduction

Rotherham, Doncaster and South Humber NHS Trust (the trust) employ staff and look to recruit individuals who are members of the reserve forces, and recognise the valuable contribution that reservists make to the armed forces and the trust.

The trust has pledged its support for members of the reserve forces, or those wishing to join the reserve forces. It acknowledges the training undertaken by reservists enabling the development of skills and abilities that are of benefit to the individual and the trust. Reservists make up a significant element of the nation’s total defence capacity and are called upon as individuals for their specialist skills or as ready formed units when required.

Reserve forces consist of Royal Naval Reserve (RNR), the Royal Marines Reserve (RMR), the Territorial Army (TA) and the Royal Air Force Reserve (RAFR) and Royal Auxiliary Air Force (RAuxAF).

The trust will not disadvantage reservists who provide notification of their reserve status or those reservists who are made known to the trust directly by the Ministry of Defence (MoD).

The trust shall, subject to the provisions set out in this policy, agree to the release of all employees mobilised for reservist duties.

The trust shall, subject to the provisions set out in this policy, agree to release reservists for attendance at reserve forces training events where these take place on their normal working days.

2 Purpose

This policy defines the obligations towards members of the reserve forces and underpins that the trust will not disadvantage any reservist who has notified of their status or who are made aware directly by the Ministry of Defence (MoD) through reserve status notification.

3 Scope

This policy applies to all employees (including full or part time employees) employed by the trust, who are members of, or those wishing to join the reserve forces. The policy does not apply to individuals employed by an agency.

4 Responsibilities, accountabilities and duties

4.1 Board of directors

Overall accountability for ensuring that the appropriate processes and actions are in place to support staff members who are a member of, or those wishing to join the reserve forces.

Care group directors and directors

Responsible for ensuring policy implementation and awareness of the policy across the care group or directorate.

Managers, corporate heads of service and deputy care group directors

As soon as the employee makes their line manager aware that they are a member of the reserve forces or have an interest in becoming a member, it is the responsibility of the immediate line manager to direct the employee to this policy.

Line managers are committed to supporting the employment of veterans and service leavers by offering an internal mentor or adviser (where possible ex-forces employee), to aid their transition into the civilian workforce.

Line managers will facilitate coaching opportunities for employees and new recruits to support their continued employment or transition into the civilian workforce.

4.4 People experience team responsibilities

To provide appropriate support and guidance to managers and staff regarding the implementation of this policy.

5 Procedure and implementation

5.1 Definition of terms

There are two main types of reservist:

volunteer reservists, civilians recruited into the royal naval reserves, royal marines reserves, territorial army and royal auxiliary air force.
regular reservists, ex-regular service personnel who may retain a liability to be mobilised depending on how long they have served in the armed forces

The Reserve Forces Act (1996) also provides for other categories, such as:

full time reserve service, reservists who wish to serve full time with regulars for a predetermined period in a specific post
additional duties commitment, part-time service for a specified period in a particular post
sponsored reserves, these are personnel employed by a contractor to provide a service to the Ministry of Defence (MoD)
high readiness reserves, these are reservists, usually with a particular skill set, that are available at short notice (with written agreement from their employer)
cadet volunteer instructors, responsible for directly training cadets

5.2 Reserve status notification

The trust requires all new recruits who are already reservists or cadet instructors to inform their line manager of their status as soon as possible and specifically identify the force they belong to.

Existing employees who are interested in joining the reserve forces or cadets or those who are already a reservist or cadet instructor and are considering renewing their commitment are required to discuss this with their line manager prior to any action being taken.

Notification of reservist or cadet instructor status is required to ensure the trust can provide the appropriate level of support. Notification also assists with resource planning during periods of leave, for example, training or mobilisation. In addition, the trust recognises the additional skills and experiences that being a reservist can bring to and it is useful to have an understanding of where these particular skills and experiences exist.

Following notification of this status the line manager should notify the People Experience team who will record the role “member of the reserved armed forces” as a supplementary role within an employee’s ESR record.

All reservists employed by the trust are required to grant permission for the Ministry of Defence (MoD) to write directly to the trust. The MOD should be advised to write to the People Experience team who will then liaise with the relevant line managers. All documentation received will be retained on the employees’ personal file. This is known as “employer notification” and ensures the trust is made aware:

that the employee is a reservist
the benefits, rights and obligations that apply

The MoD will issue written confirmation to the trust stating the employee is a member of the reserve forces. The letter will provide details of:

mobilisation obligations
rights as an employee
rights of the trust
details of financial assistance available if the employee is mobilised

The MoD will also send a follow-up letter each year to confirm that the information held by the trust remains accurate.

Reservists must discuss with their line manager if they intend to volunteer for high readiness reservist status (making the employee liable to be deployed with minimal notice).

It is the responsibility of the reservist to ensure their personal details held by the trust are maintained and up to date; this includes providing written notification to their line manager if they leave their respective reserve force. In such circumstances, the line manager must forward a copy of the notification to the People Experience team who will amend the ESR record. A copy will be retained on the employees’ personal file.

In any circumstance, the reservist will not be disadvantaged as a result of notifying the trust of their reserve status.

5.3 Training commitments and time off

The trust recognises the importance of the training undertaken by reservists enabling the development of skills and abilities that are of mutual benefit to their respective reserve force, the individual and the trust.

Reservists are typically committed to up to 30 to 35 days training per year. Training commitments vary, but in most cases include:

weekly training, most reservists train at their local centre for around two and a half hours, one evening a week.
weekend training, all reservists are expected to attend a number of training weekends which take place throughout the year
annual training, a 2-week training course (annual camp). This may take place at a training establishment, as an attachment to a regular unit, a training exercise or a combination of these. Training normally takes place within the UK, although each year some reservists train overseas

Line managers will as far as possible facilitate work rosters to allow attendance for annual camp and other training commitments, for example, weekly or weekend training sessions. If line managers feel that they are not in a position to support the annual camp or training commitments this should be discussed with the service manager or People Experience team prior to advising the employee of the decision.

The trust is committed to granting additional paid leave up to a maximum of ten days (pro rata) per year to reservists and cadet instructors specifically to enable them to attend their annual camp. Reservists must submit all requests for leave to their line manager in writing for special leave. Reservists or cadet instructors should give as much notice as possible to allow appropriate absence planning and must provide evidence of training requirements; the additional leave referred to above is contingent upon this. Once given, permission will not be rescinded unless there are exceptional circumstances.

Any disputes should be initially discussed with the employees’ line manager. Employees who remain dissatisfied should refer to the trust grievance policy.

The trust treats instances of unauthorised leave as a serious matter which may result in disciplinary action being taken. Employees should be aware that, if they take a period of leave that has not been approved, they may be subject to disciplinary action on their return to work.

5.4 Mobilisation

Mobilisation is the process of calling reservists into full time service with the regular forces, in order to make them available for military operations. The maximum period of mobilisation will depend on the scale and the nature of the operation, but is typically no longer than 12 months.

The call-out papers for mobilisation may be sent by post to the trust or delivered in person by the reservist to their line manager. The line manager must inform the People Experience team as soon as notification is provided and provide copies of all documentation to be retained on the employee’s personal file. The documentation will include the call-out date and the anticipated end date.

There is no statutory requirement for a warning period prior to mobilisation. However, whenever possible, the MoD aims to give at least 28 days’ notice of the date that the reservist will be required to report for mobilisation.

A period of mobilisation comprises three distinct phases:

medical and pre-deployment training
operational tour
post-operational tour leave

The trust supports mobilisation in all but exceptional circumstances and will seek to release the employee for reserve service.

A call-out notice will only be appealed if the absence would be considered to cause serious harm to service needs.

5.5 Pre-mobilisation, line manager responsibilities

The line manager responsibilities during the pre-mobilisation stage are as follows:

liaise with the People Experience team as soon as notification is received to ensure that:
- a copy of all documentation has been received
- the date of mobilisation and the anticipated return date has been confirmed
- the employee’s salary during the period of mobilisation has been suspended and amend the employees’ status on ESR
meet with reservist to ensure all appropriate mobilisation paperwork has been completed (including the pension scheme choice declaration as contained in the call-out papers)
arrange for the employee to receive the mobilisation letter (appendix A)
calculate the employee’s annual leave entitlement prior to mobilisation
discuss any handover of work and return of equipment
discuss arrangements for keeping in touch including revised contact details during the mobilisation period
ensure the employees next of kin details are recorded and up to date
consider requirements for cover during the period and the potential to claim for financial assistance to cover any additional employer costs associated with mobilisation
consider appropriate arrangements have been made in respect of the following (where applicable):
- return (or otherwise) of a lease car
- return of trust property, such as ID Badge, mobile phone, keys, uniform
- salary sacrifice arrangements

The employee is responsible for meeting costs arising from the above, for example, early termination of a lease car agreement and or salary sacrifice arrangement.

5.6 Post-mobilisation, line manager’s responsibilities

The line manager responsibilities during the post-mobilisation stage are as follows,

arrange for model letter (appendix B) to be sent following formal written notification of a return to work date
liaise with the People Experience team to ensure that,
- the employee’s ESR status is updated
- the salary is reinstated as appropriate and in accordance with the employees agreed return to work date
arrange a meeting prior to the employees return to work to ensure that,
- the trust and reservist fulfil their return to work obligations
- discuss after care and any support requirements including any reasonable adjustments
- whether the employee will need to attend trust Induction and if any further or refresher training is required on returning to the role
- discuss the additional skills and experience which the reservist has obtained and how they can be best utilised in the trust
consider the potential to claim for financial assistance to cover additional employer costs associated with mobilisation

5.7 Applying for exemption, deferral and revocation

The trust is committed to supporting reservists and in the majority of cases of mobilisation, the trust will release the reservist to report for duty unless there are exceptional circumstances, whereby the decision and reasoning will be explained to the reservist.

In such circumstances, the line manager will have the right to seek exemption, deferral or revocation if the reservist’s absence would be considered to cause serious harm to service delivery. This should be discussed with the People Experience team and the relevant Director prior to the decision to apply for an exemption, deferral or revocation.

Definitions of ‘harm’ will vary, but may include,

loss of reputation, goodwill or other financial harm
impairment of the ability to provide services
harm to the research and development of new products, services or processes (which could not be prevented by the granting of financial assistance under sections 83 and 84 of The Reserve Forces Act 1996)

Details of how to apply for exemption will be included in the call-out pack. The application must reach the adjudication officer within 7 days of the reservist receiving a call-out notice. If this timescale is not met, permission to make a late application will need to be obtained from the adjudication officer. The reservist also has the right to apply for exemption or deferral if the call-out papers arrive at a difficult time. In all circumstances all correspondence must be copied to the People Experience team.

If an unsatisfactory decision is received following the application for a deferral, the trust can appeal to the reserve forces appeals tribunal. Appeals must reach the tribunal’s secretary within 5 days of receipt of the written notice of the decision. If the tribunal rejects the application for exemption or deferral, the trust will be required to release the reservist for mobilisation.

5.8 Treatment of terms and conditions during mobilisation

5.8.1 Pay

The MoD will assume responsibility for the reservist’s salary for the duration of their mobilisation. The MoD will pay a basic salary according to the reservist’s military rank. If this basic element is less than the reservist receives from the trust, it is the reservist’s responsibility to apply to the MoD for the difference to ensure that they suffer no loss of earnings. This is known as a ‘reservist award’.

All contractual benefits suspended by the employer during mobilisation can be claimed by the employee as part of the reservist award.

Where mobilisation occurs, the employee will be given special unpaid leave of absence, and continuity of employment remains.

The trust will suspend payment of the reservist’s salary during the period of mobilisation.

5.8.2 Continuity of employment

Continuity of service is not broken by a period of mobilisation, if the employee is reinstated within six months of the last day of their full time military service. Under the act, a reservist will lose the right to reinstatement after six months of their last day of paid military service if no application has been made for reinstatement.

The period of mobilisation will count as reckonable service for the purposes of entitlements to certain terms and conditions, such as annual leave, occupational sick pay, incremental credit and redundancy.

5.8.3 Employee benefits

Where an employee benefit is suspended by the trust during mobilisation the reservist may be able to claim the benefit as part of their reservist award.

Where the reservist has a lease car, advice should be sought from the workforce information and transactional services department regarding the available options during a period of mobilisation.

If the reservist is participating in a salary sacrifice scheme then advice should be sought from the pay services department regarding the available options during a period of mobilisation.

Advice should also be taken from the MoD as it may be possible to transfer the schemes during the period of mobilisation.

The line manager and reservist should discuss such arrangements during the pre-mobilisation meeting. This should cover those benefits which will be suspended and for any continuing benefits, arrangements should be made as to how these are paid.

5.8.4 Pension

If the reservist is a member of the NHS pension scheme, and chooses to remain within it, then the MoD will make the employer contributions for the period of mobilisation, as long as the reservist continues to make their personal contributions. The line manager is responsible for notifying the pay services department of the agreed arrangements to ensure the appropriate financial arrangements are put into place.

5.8.5 Annual leave

Ideally, reservists are required to take any accrued annual leave before mobilisation, where this is possible. If it is not possible to do so, employees should discuss this with their line manager. All annual leave (both statutory and contractual) untaken up to the date of mobilisation may be carried over into the following leave year. The “up to a maximum of five days” rule associated with untaken annual leave being carried forward is waived in the case of a reservist.

Annual leave will not accrue during the period of mobilisation. Reservists accrue annual leave with the MoD whilst they are in full time service. When a reservist demobilises, reservists are entitled to a period of post-operational leave (POL). During this period they will continue to be paid by the MoD.

5.8.6 Dismissal or redundancy

A reservist’s employment cannot be terminated on the grounds of their military duties or their liability to be mobilised. To do so would be a criminal offence under section 17 of The Reserve Forces (Safeguarding of Employment) Act (1985).

Reservists can be included in the redundancy pool if this is necessary as defined in the trusts’ change management policy. In such circumstances all employees would be treated consistently in accordance with the change management policy and redundancy criteria would not discriminate against reservists on the grounds of their reserve service or call-up liability.

5.8.7 Sickness pay

During the period of mobilisation, the reservist will continue to accrue service related occupational sick pay. Should the reservist become sick or injured during mobilisation they will be covered by MoD’s healthcare arrangements (including pay) until they are demobilised. If the sickness or injury continues and this results in early demobilisation, they will remain covered by the MoD until the last day of paid military leave. Following this period the reservist will be covered by the trust’s sickness provisions in accordance with the trust’s sickness absence policy.

If the reservist becomes ill post mobilisation, and does not return on the expected return to work date, they will be subject to the trusts’ sickness absence policy from that date.

5.8.8 Professional registration

An employee is responsible for ensuring that they maintain their competence and professional registration (where applicable) at all times during a period of mobilisation.

5.9 Return to work

Members of the reserve forces who have been compulsorily mobilised (or who have volunteered and been accepted for mobilisation) have the right to be reinstated in their former job on terms and conditions no less favourable to them than those that would have prevailed but for their enforced absence from their civilian occupation. That right exists regardless of the period of time mobilisation has lasted. Under the act, a reservist will lose the right to reinstatement after six months of their last day of paid military service if no application has been made for reinstatement.

Both the reservist and the trust have obligations under the Reserve Forces Safeguarding of Employment Act (1985) regarding the return to work process.

The trust has an obligation under Reserve Forces Safeguarding of Employment Act (1985) to reinstate the reservist, where possible to their former role, and if not, to a mutually acceptable role on the same terms and conditions prior to mobilisation.

The reservist should be reinstated within six weeks of the last day of their full-time military service (continuity of service is not broken by a period of mobilisation, if the employee is reinstated within six months of the last day of their full time military service). Once an employee has been reinstated in his or her former role after a period of military service, the trust must continue to employ him or her in that same role (and on the same terms and conditions) for;

the following 26 weeks
for 52 weeks if the reservist had been employed for a consecutive period of at least 52 weeks at the time he or she was called out for military operations
for a minimum of 13 weeks if the employee was employed for fewer than 13 weeks immediately prior to mobilisation

Reservists may need refresher training when they return to work, or be given time to familiarise themselves with processes and procedures in the workplace. Financial assistance may be available for retraining if it’s required as a direct result of mobilisation, (claims cannot be made for training courses that would have taken place anyway). Evidence of costs will be required in addition to evidence that the reservist could not reach the required standard by any other means, such as workplace experience.

5.10 Reservist responsibilities on returning to work

The reservist must write to the trust by the third Monday after their last day of military service making a request to return to work and suggesting a date. This date should fall within six weeks of their last day of full-time military service. This letter formally starts the return to work process.

The reservist should informally contact the trust to discuss their return to work at the earliest opportunity, whether via a letter, a meeting or a phone call. The formal application must be made in writing for it to be valid under the act.

If the reservist is not happy with an offer of alternative employment they must write to the trust stating why the offer of alternative employment is not reasonable. If a reservist believes that the trust’s response to their application denies their rights under the Safeguarding of Employment Act 1985, an application can be made to a reinstatement committee for assessment. This committee will consider the reservist’s application and can make an order for reinstatement and or compensation.

5.11 Aftercare

A reservist returning to work will benefit from a smooth re-integration into the workplace or team. Line managers should develop and agree a return to work action plan to consider the following as part of this process:

the need to update on changes and developments within the team or department or trust
the need to offer specific refresher training where it is sought or considered necessary
where the job duties have changed since mobilisation a period of skills training may be required to assist with new aspects of the job
reasonable time off to seek therapeutic treatment if required
discuss the additional skills and experience which the reservist has obtained and how they can be best utilised in the trust
full support is in place to assist via the trusts occupational health service or alternatively via the employee assistance programme, should the reservist require this support

5.12 Annual personal development review (PDR)

Line managers who carry out PDR meetings with a reservist should be aware that reserve forces activities undertaken by an individual (either through training or mobilisation) bring essential skills into the workplace such as leadership, communication, team working and organisational ability, which may ultimately lead to improved performance in the workplace and contribute to the reservists personal development plan.

Where an employee is absent from work following mobilisation they should not be penalised if it coincides with their pay band gateway. This would be completed on the employees return and backdated to the employee’s normal increment date.

5.13 Financial assistance

Financial assistance for employers in the event of an employee who is a reservist being mobilised is governed by the reserve forces (call out and recall) (financial assistance) Regulations 2005. These cover additional costs above the normal earnings of the called-up reservist associated with replacing the employee, including but not limited to three types of award available:

One-off costs:
- agency fees, if a recruitment agency or employment agency is used to find a temporary replacement
- non-recurring advertising costs
- essential retraining costs for the Reservist returning to work following mobilisation
- up to £2000 towards the costs of training the person who fills in for the reservist during mobilisation
- handover costs (up to 5 days) before and after an employee is mobilised
- 75 per cent (up to £300) of specialist clothing costs for a person replacing a deployed reservist

There is no financial cap on one-off cost claims, but any claim must be supported by relevant documentation.

Recurring costs:
- overtime costs, if other employees work overtime to cover the work of the reservist by the amount that such costs exceed earnings of the reservist
- costs of temporary replacement by the amount that such costs exceed earnings of the reservist

The maximum claim for recurring costs available is in the region of £110 per day (c.£40,000 per annum). Claims can be made for every normal working day that the reservist is away on service. An application for one-off costs and recurring costs must be made to the MoD within four weeks after the end of the full time reservist service.

5.14 Training award

If a reservist has to undertake additional training as a direct result of their mobilisation (routine training excluded), then the line manager can make a claim for the cost. This must be claimed for within eight weeks of the reservist returning to work. Associated training must be commenced within six months of the return to work date.

6 Training implications

6.1 Managers

How often should this be undertaken: On revision of the policy or new appointments or promotions
Length of training: Not applicable.
Delivery method: Trust communications.
Training delivered by whom: People experience advisors.
Where are the records of attendance held: Not applicable.

6.2 People experience

How often should this be undertaken: On appointment or revision of the policy
Length of training: Not applicable.
Delivery method: On the job training mentoring.
Training delivered by whom: People experience team managers or head of people experience and organisational development.
Where are the records of attendance held: Not applicable.

6.3 Staff side

How often should this be undertaken: On revision of the policy and at policy forum.
Length of training: Not applicable.
Delivery method: Awareness and briefing sessions on policy.
Training delivered by whom: Workforce and OD directorate.
Where are the records of attendance held: Not applicable.

7 Monitoring arrangements

7.1 Armed forces reservist applications for leave

How: Review of a sample of applications.
Who by: People experience.
Reported to: Care group directors and people and organisational development subcommittee.
Frequency: Annually.

8 Equality impact assessment screening

To access the equality impact assessment for this policy, please see the overarching equality impact assessment.

8.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, ‘not just clinically but in terms of dignity and respect’.

Consequently, the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity, and respect, (when appropriate this should also include how same sex accommodation is provided).

8.1.1 Indicate how this will be met

No issues have been identified in relation to this policy.

8.2 Mental capacity act

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individual’s capacity to participate in the decision-making process. Consequently, no intervention should be carried out without either the individual’s informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all colleagues working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason, all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005)to ensure that the rights of individual are protected, and they are supported to make their own decisions where possible and that any decisions made on their behalf when they lack capacity are made in their best interests and least restrictive of their rights and freedoms.

8.2.1 Indicate how this will be achieved

All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005).

9 Associated documents

10 References

11 Appendices

11.1 Appendix A Letter of mobilisation

Appendix A Letter of mobilisation (staff access only) (opens in new window)

11.2 Appendix B Letter of return to work

Appendix B Letter of return to work (staff access only) (opens in new window)

Document control

Version: 2.1.
Unique reference number: 538.
Date approved: 8 January 2024.
Approved by: Corporate policy approval group.
Name of originator or author: People Experience team.
Name of responsible individual: Executive director for people and organisational development.
Date issued: 9 January 2024.
Review date: 28 February 2026.
Target audience: All trust employees.

Page last reviewed: December 06, 2024
Next review due: December 06, 2025

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