Employment Law

Employment Law

Serving in the Armed Forces is very different to having a civilian job – which is probably why many join up in the first place!  From a legal point of view the rights of those serving full-time, part-time and those in civvy street all vary.

Employment Law regulates the civilian employer employee relationship and imposes rights and responsibilities on both the employer and the employee.

This can include:

• Terms and Conditions of employment
• Reasonable adjustments for those with disabilities
• Employment of Reservists
• Working time, holiday entitlement and pay
• Maternity, paternal and carers rights
• Whistleblowing
• Discrimination, bullying and harassment
• Redundancy and dismissal
• Transfer of Undertakings (TUPE)
• Service Complaints

The Armed Forces are expected to be always ready for every eventuality and by that very nature, are excluded from many employment laws including disability discrimination under the Equality Act. This does not mean they are excluded from ALL employment law though. All service personnel have the statutory right to raise a Service Complaint and in matters relating to discrimination, bullying and harassment there may also be opportunity to bring an Employment Tribunal claim (service complaint must be lodged first) or even a Personal Injury claim.

Reservists

Those serving in our Reserve Services have certain rights and responsibilities when they start a new job or join the Reserves, when they’re mobilised, and, when they return to work. Employers also have rights and responsibilities. Employers do not have to provide time off for training but they may choose to do so particularly if they have signed the Armed Forces Covenant.

An employer cannot make a Reservist redundant because of their mobilisation or training commitments.

Whether you’re serving, are a reservist or are in civilian employment, our specialist Member Firms can advise on your individual situation.