Once a call out notice has been issued, your employer cannot legitimately terminate your employment without your consent on account of your liability to be mobilised. Your employer is not, however, obliged to:
- continue paying you your normal salary or benefits (although, if you opt to stay in your civilian pension scheme, the MoD will pay your employer's contributions); or
- let you accrue annual leave while you are mobilised (although it may choose to do so). If your civilian pay is higher than your military service pay, you can claim the difference (capped at £548 per day) from the army
On completion of your military service you are entitled to be reinstated into your original position (or, if that is not reasonably practicable, into an equivalent job with no less favourable terms and conditions) within six months from the end of the military service provided you worked in that role for the four weeks prior to being mobilised.
You will be entitled to remain in that post for a protected amount of time, determined by your pre-mobilisation length of service
(13 weeks for up to 13 weeks' employment, 26 weeks for more than 13 weeks and up to 52 weeks' employment, and 52 weeks for more than 52 weeks' employment).
If you are dismissed in connection with your membership of the Reserve Forces, you do not need two years of continuous service to bring a claim for unfair dismissal. The dismissal is automatically regarded as unfair.
