House of Lords written question – answered at on 24 January 2013.
To ask Her Majesty's Government what protection exists for continuity of employment, pension and service rights for members of the Territorial Army and reservists who are required to present their P45 forms when called upon for military duty, in view of the fact that a request for a P45 from an employer would normally indicate termination of a contract of employment with that employer.
The Government take the continuity of employment and pension and service rights of members of the Territorial Army and other reservists as a matter of great importance. That is why they are provided with legal protection of their civilian employment through the Reserve Forces safeguard of the Employment Act 1985.
This gives the reservist the right to be reinstated in the same job in which they were employed before they were mobilised or, if it is not reasonable and practicable, to be re-employed by their civilian employer in the most favourable job and on the most favourable terms and conditions to the reservist.
Regarding the protection of pensions, reservists are eligible to become an active member of the Reserve Forces pension scheme (RFPS) when mobilised under the Reserve Forces Act 1996 or a corresponding power in the Reserve Forces Act 1980. When at the mobilisation centre they make a choice and complete a declaration that they wish to have the period of permanent service counted under the RFPS, or to remain in any civilian occupational or personal pension scheme or to join the state second pension.
Members of the Reserve Forces are asked to report to the mobilisation centres with either a P60 or P45 (not solely a P45), whichever is relevant, to confirm their civilian earnings and, if required, their employment status. This document can also be used to assist in the administration of any financial assistance award that they or their employer may claim.
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