Eleanor StoneAs thousands gather along the River Tees this Saturday for Stockton-on-Tees' Armed Forces Day celebrations — RAF flypasts, a river flotilla and a Waterfront fireworks display — a critical legal question hangs over the 75,000-plus reservists serving across the United Kingdom: do they, and their employers, actually understand what the law demands?
Armed Forces Week is running nationally and the landmark Armed Forces Bill 2026 reaches its Report Stage in Parliament on 22 June. There has never been a better moment to examine the employment protections that exist for UK reservists — and to understand what happens when they are breached.
1. You Cannot Be Dismissed Because of Your Reserve Service
Under the Reserve Forces (Safeguard of Employment) Act 1985, it is unlawful for an employer to dismiss a reservist because of mobilisation or because of their membership of the reserve forces. This protection applies whether you are a full-time employee, part-time worker, or on a fixed-term contract.
If an employer terminates a reservist's employment specifically because of their reserve duties, they face criminal prosecution and significant financial penalties — with awards calculated on the same basis as unfair dismissal claims at employment tribunal. Importantly, this protection activates from the moment you notify your employer of mobilisation, not merely after deployment begins.
Employment solicitors report that dismissals are rarely explicit. More commonly, a reservist returns from deployment to find that a performance improvement plan has appeared, or that a restructure has conveniently eliminated their role. Both scenarios can constitute unlawful treatment.
2. The Right to Return to the Same Job Is a Legal Requirement
After returning from mobilisation, reservists hold a statutory right to be reinstated in a role comparable to the one they held before deployment. This is not an employer courtesy — it is a legal obligation under the RFSE Act 1985 and reinforced by the Armed Forces Act 2021.
The re-employment right lasts for a period calculated by reference to pre-deployment tenure. A reservist employed for 52 weeks or more before mobilisation must, by law, be re-employed for at least a further 52 weeks upon return. If no comparable role exists, employers must offer the nearest available alternative. Failing to offer any position triggers the same legal remedies as unlawful dismissal.
In practice, disputes often centre on whether a role offered on return is genuinely comparable. An employment lawyer can assess whether a downgraded position — lower pay, reduced hours or fewer responsibilities — constitutes a breach of this statutory right.
3. Redundancy Selection Cannot Target Reservists
Many reservists worry that their absence makes them a target when employers restructure. Under UK law, that concern has a clear answer: a reservist cannot be selected for redundancy because of their mobilisation.
If a genuine redundancy situation arises while a reservist is deployed, employers must apply exactly the same selection criteria they would apply to any other employees. Using reserve service — even indirectly, through absence records — as a factor in redundancy selection is unlawful. The Reserve Forces (Safeguard of Employment) Act 1985 sets out the full framework for employer obligations — yet employer confusion on this point was highlighted in a 2026 parliamentary debate, with MPs calling for stronger enforcement guidance from the Ministry of Defence.
If you are a reservist who was made redundant during or shortly after mobilisation, a solicitor can assess whether the selection process was tainted.
4. The Armed Forces Covenant Now Has Statutory Force in Employment
Since the Armed Forces Act 2021, certain public bodies have been under a statutory duty to give due regard to the Armed Forces Covenant. The Armed Forces Bill 2026, which reaches Report Stage on 22 June, extends this duty to new areas including employment, social care and personal taxation.
For veterans entering the public sector job market, this extension is significant. Under the new provisions, public bodies — local authorities, NHS trusts, government agencies — will be required to demonstrate how they are preventing veterans from being disadvantaged in hiring due to their service record. A veteran who believes they were passed over for a public role because of gaps in their civilian CV caused by operational service will have a clearer statutory basis for challenge.
The practical implication at Stockton and every other Armed Forces Day event around the country is that attending veterans are not simply being thanked for past service — they are standing on the threshold of a strengthened legal framework that should, once the Bill passes, follow them into every job application.
5. Employer Financial Support Exists — and Can Prevent Disputes Before They Start
One persistent source of friction between reservists and small employers is the assumption that mobilisation causes unmanageable financial harm to the business. The Reserve Forces Employer Payment Scheme directly addresses this: employers can claim financial assistance to cover additional costs arising from a reservist's mobilisation, including temporary replacement hiring, training costs and administrative expenses.
As of 2026, the scheme pays up to £110 per day for small employers that need to recruit a temporary replacement. Many employers simply do not know this scheme exists. Reservists who work for small businesses should raise this proactively — ideally with the help of a legal adviser who can structure the conversation to be collaborative rather than confrontational.
The SaBRE helpline (Support for British Reservists and Employers) provides initial guidance free of charge. For formal disputes, an employment solicitor is essential.
When to Seek Legal Advice
Armed Forces Day is a moment of celebration and recognition. But for some reservists and veterans, civilian working life has not met its legal obligations. Common warning signs that legal advice may be needed include:
- Informal pressure to reduce reserve training commitments
- Being passed over for promotion after return from deployment
- Performance management processes that began shortly after mobilisation
- Redundancy selection during or immediately after deployment
- A public sector employer that cannot explain its Armed Forces Covenant obligations
If any of these situations apply, act quickly. Employment tribunal claims in the UK must generally be submitted within three months less one day of the act complained of. Missing this deadline forfeits the right to claim entirely.
For background on how recent political changes are affecting veterans' legal landscape, see also: Al Carns Resignation: What Legal Rights Do UK Veterans Face Now?
ExpertZoom connects you with vetted UK employment solicitors who advise specifically on reservist rights, Armed Forces Covenant obligations and veteran employment disputes. As Stockton's Ferris Wheel turns above the Tees today, it is worth knowing that the law — when properly enforced — stands behind those who serve.
This article contains general legal information only and does not constitute legal advice. If you have a specific legal situation, consult a qualified solicitor.
