Being Called up by the Army

On Monday 14 January 2003, Geoff Hoon, the Defence Secretary, stood up in the House of Commons to announce the first compulsory call-up of Territorial Army volunteers since the Suez Crisis, forty five years ago. Despite a winter of military successes in Afghanistan, parliament and the nation was informed that 140 members of the TA's Military Intelligence Battalion (including a significant number of women) would be called-up to assist in the analysis of signals, documents and other material relating to al-Qaeda's activities in Afghanistan and across the world.

In a subsequent statement, another defence minister, Dr Lewis Moonie, suggested that this is only the first in a series of compulsory call-ups. "We are planning to develop this concept further. I expect in future you will see this being used in a much increased way," he explained. The United Kingdom's armed forces are almost at full stretch. British troops are on the ground in the Balkans, Sierra Leone and, of course, Afghanistan. Reserve Forces make up 10% of those deployed, all of them volunteers. Of the 140 called-up yesterday, around half will have to do a tour of duty alongside regular troops in the field, with all the risks that brings. The remainder will be based at the Ministry of Defence intelligence centres in Great Britain. Ministers anticipate that the call-up will last around six months and is "a necessary step in the war against terrorism".

Put yourself in the position of a reservist with a well-paid job, professional responsibilities and a young family. The prospect of leaving all this behind, if only for a few months, must seem rather daunting. A press release on the Prime Minister's website stated that:

"The mobilisation will, as far as possible, take into account the individual circumstances of the Reservists. It is intended that wherever possible only those individuals who have no acute personal, domestic, or employment difficulties will be called out."

Those with pressing reasons to stay at home were probably excluded from the list of possible reservists in the weeks before the announcement. Indeed, Ministry of Defence sources have since revealed that much of the Christmas break was spent determining which members of the Reserve Forces would be prepared to answer the call-up and who would resist it, for family, business or other reasons.

What provisions have been made to allow Reservists to get on with their lives and careers once the country no longer has such a pressing need for their service? The law is actually quite clear on this issue: it is a criminal offence, under the terms of the Reserve Forces (Safeguard of Employment) Act 1985, for an employer to either dismiss an employee when mobilisation seems imminent or to refuse to reinstate a reservist upon his or her return. In March 2000, John Spellar, a government defence spokesperson, made the following statement to parliament, with reference to the Reserve Forces (Safeguard of Employment) Act 1985:

"This Act makes dismissal between notification of call-out and actual mobilisation a criminal offence. After demobilisation, the Act requires the employer to reinstate the reservist on application, or to offer him or her the most favourable alternative work available. The Act provides for a Reinstatement Committee to consider applications for reinstatement which are rejected by employers, and to make orders for reinstatement or the payment of compensation, or both"

The terms of the 1985 Act were revised in 1996 and 1997 to give employers the right to appeal against a call-up and to seek compensation in certain circumstances. John Spellar, again:

"The Reserve Forces Act 1996 and subsequent legislation introduced new safeguards for employers. The Act enables employers to apply for their employees to be exempted from call-out or for that call-out to be deferred. The Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 1997 (SI 1997/309), enable employers to claim financial assistance to cover the costs associated with the loss of a member of staff who is mobilised for reserve service, and for any necessary retraining for that individual on his or her return to the workplace. "

(It would be interesting to see what would happen if we ever went to war against a country with substantial investments in the UK. What if a number of employees happened to be called up but worked for a company whose owners came from the enemy nation? Would this employer be able to resist the mobilisation of its employees as part of the defence of its own country? Would it be able to seek compensation in the same way a domestic organisation could? The Act does not cover this scenario, but overseas companies employ many British workers, some of whom are in the Reserves.)

At the time of writing, an employee does not have to inform his or her employer about their membership of the Reserve Forces (although reservists are urged to do so in the spirit of honesty and cooperation). Nevertheless, the employer faces criminal charges if it dismisses the Reservist or refuses to reinstate them, despite the lack of advance warning. If you were so inclined, this would be a great way to extract some sort of revenge on your boss even though you would risk death, capture or injury while serving your country.

Compensation for loss of pay

Defence officials were eager to point out in the days after the announcement that all of those called-up would be compensated for loss of pay. Financial assistance would ideally take account of and match any difference between a volunteer's military and civilian earnings. However, the maximum salary allowed for senior non-commissioned officers is only £37,000 and much less for the lower ranks. The announcement also referred to unspecified 'further benefits' that would be made available. Unless the government makes significant additional funds available, it is still likely that some reservists will be left out of pocket.

Since 1996, employers have also been eligible for compensation for some of the cost of losing an employee for an extended period. However, the amount of compensation is likely to be limited. The national interest seems to override commercial concerns in this respect.

The government seems minded to resort to more call-ups in the near future. If you yourself are in the Reserves and have not been called up yet, now is the time to do some research on what support you, your family and your employer can expect. When talking to the boss about your circumstances, you should make it very clear that your employment is protected by law up until the point you are mobilised (he cannot sack you before you leave on the grounds that you have become a liability); remind him that he is also obliged by law to find suitable employment for you upon your return. Also, be aware that failure to disclose accurate information about your pay or reasons for exemption from mobilisation could land you a hefty fine or time in prison. The nation expects you to do your duty, especially if you have already volunteered for the privilege.