Reserve Forces (Safeguard of Employment) Act 1985

JurisdictionUK Non-devolved
Part IV (special agreements for call out) or Part V (special members) of the Reserve Forces Act 1996;a call-out order under Part VI of that Act (orders authorising general call out of members of reserve forces) ; ora recall order under section 68 (recall of officers and former servicemen) of that Act.(1A) In this Act “whole-time service” means permanent service to which this section applies.in the occupation in which the applicant was last employed by the former employer before the beginning of his whole-time service and on terms and conditions not less favourable to him than those which would have been applicable to him in that occupation had he not entered on such service; orif it is not reasonable and practicable that the applicant should be taken into employment in that occupation and on those terms and conditions, in the most favourable occupation and on the most favourable terms and conditions which are reasonable and practicable in his case.(3) That obligation is to take the applicant into employment as mentioned above at the first opportunity (if any) at which it is reasonable and practicable for the former employer so to do on or after such date as may be notified to him in accordance with section 4 as the date on which the applicant will be available for employment.the former employer makes employment available to the applicant, but the applicant has, or reasonably believes that he has, reasonable cause for not taking it; andthe facts on which the applicant relies as constituting the reasonable cause are notified in writing to the former employer by him or by some person acting with his authority as soon as may be after he has been notified by the former employer that the employment is being made available to him; andin no case shall the former employer be under any obligation under this section to take the applicant into his employment after six months have elapsed from the end of the applicant’s whole-time service.at such address as may be provided by him for the purpose; orif no such address is so provided, at his last known place of abode.(1) In relation to a person who has entered on a period of whole-time service, in this Act “former employer” means the employer by whom he was last employed within the period of four weeks immediately preceding the beginning of his whole-time service.(2) The additional provisions contained in Schedule 1 have effect in relation to a former employer.is of no effect unless it is made in writing;may be made by the applicant or by some person acting with his authority.beginning with the end of the applicant’s whole-time service, andending with the third Monday after the end of the applicant’s whole-time service,the applicant was prevented from making it within that period by his sickness or other reasonable cause; andthe application was made as soon as reasonably may be after the expiry of that period.while the application is still in force it may from time to time be renewed in writing by the applicant or by some person acting with his authority, and, if it is so renewed, does not cease to have effect by virtue of this subsection until thirteen weeks from the date of the renewal, andif, at the time when the application would otherwise cease to have effect, proceedings for the determination of any question affecting the application are pending under this Act, the application does not cease to have effect by virtue of this subsection until fourteen days after those proceedings have ceased to be pending,directly to the former employer, orin the

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