Member

42: After Clause 38, insert the following new Clause— “Refusal of employment on grounds of membership of the reserve forces(1) It is unlawful to refuse a person employment because that person is, has been, or proposes to become a member of the reserve forces, or is or may become liable to be called out or recalled for service.(2) A person is refused employment if the prospective employer—(a) refuses or deliberately omits to entertain or process an application or enquiry,(b) causes the person to withdraw or cease to pursue an application,(c) refuses or deliberately omits to offer employment,(d) makes an offer on terms which no reasonable employer wishing to fill the post would offer, and which is not accepted, or(e) withdraws an offer, or causes the person not to accept it.(3) It is unlawful for an employment agency to refuse a person any of its services for a reason falling within subsection (1).(4) A person refused employment or services in contravention of this section may complain to an employment tribunal within six months of the conduct complained of, or within such further period as the tribunal considers reasonable where it was not reasonably practicable to complain in time. (5) Where the tribunal finds the complaint well founded it must make a declaration to that effect, and may award compensation, including compensation for injury to feelings, of such amount as it considers just and equitable, and may recommend action to obviate or reduce the adverse effect of the conduct complained of.(6) Where the complainant proves facts from which the tribunal could conclude, in the absence of any other explanation, that this section was contravened, the tribunal must uphold the complaint unless the respondent shows that the conduct was in no sense whatsoever on a ground falling within subsection (1).(7) In this section “member of the reserve forces” has the meaning given by section 1 of RFA 1996 and “employment agency” has the meaning given by section 13(2) of the Employment Agencies Act 1973.”Member’s explanatory statement This new clause would make it unlawful to refuse a person employment because they are, or may become, a reservist, with a remedy in the employment tribunal. Existing protection is confined to dismissal, so a job applicant has none. The clause follows the model used for trade union membership in Part III of the Trade Union and Labour Relations (Consolidation) Act 1992.