Member

40: After Clause 38, insert the following new Clause— “Employer policies on the employment of members of the reserve forces(1) An employer to which this section applies must prepare, maintain and publish a policy on the employment of members of the reserve forces.(2) The policy must make provision about—(a) time off for reserve forces training, including any entitlement under section 50A of the Employment Rights Act 1996;(b) the treatment of a period of permanent service under a call-out order or a recall order for the purposes of pay, pension, seniority and continuity of employment;(c) reinstatement under the Reserve Forces (Safeguard of Employment) Act 1985;(d) the post responsible for the operation of the policy;(e) how an employee may make a request, or raise a complaint, under it.(3) The employer must make the policy accessible to every employee and, where it maintains a website, publish it there.(4) The employer must review the policy at least once every three years.(5) This section applies to an employer that employed, on average, 50 or more persons in the United Kingdom during the preceding financial year.(6) The Secretary of State must issue guidance for the purposes of this section, which must include a model policy, and the employer must have regard to it.(7) The Secretary of State must, each calendar year, lay before Parliament a report on compliance with this section.(8) A failure to comply with this section does not give rise to any liability in civil proceedings.(9) In this section “member of the reserve forces” has the meaning given by section 1 of RFA 1996.”Member's explanatory statement This new clause would require employers with 50 or more employees to publish and maintain a policy on the employment of reservists. It carries no sanction and no civil liability. It puts on a statutory basis an existing requirement of Silver and Gold employers under the Defence Employer Recognition Scheme.