The Reserve Forces (Payments to Employers and Partners) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2410 |
2014No. 2410
DEFENCE
The Reserve Forces (Payments to Employers and Partners) Regulations 2014
8thSeptember2014
10thSeptember2014
1stOctober2014
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 84A of the Reserve Forces Act 1996( 1) ("the Act").
In accordance with section 84A(3) of the Act, the Secretary of State is satisfied that the payments provided for in these Regulations, or such payments taken together with other measures, are likely to encourage persons-
(a) to employ, or continue to employ, members of the reserve forces; or(b) to carry on business, or continue to carry on business, in partnership with members of the reserve forces.The Secretary of State has consulted in accordance with section 85(3)( 2) of the Act.
Citation and commencement
1. These Regulations may be cited as the Reserve Forces (Payments to Employers and Partners) Regulations 2014 and come into force on 1st October 2014.
Interpretation
2. (1) In these Regulations-
"adjudication officer" means a person appointed by, or in accordance with, directions of the Secretary of State for Defence or the Defence Council to determine claims under these Regulations;
"C" means, where the reservist's contract of employment with the employer fixes the number of hours of employment in a week and that number is less than 35, that number of hours;
"employee" means a person who is employed in a relevant undertaking under a relevant contract of employment;
"employer" means a person by whom the reservist is employed in a relevant undertaking under a relevant contract of employment;
"partner" means a person with whom the reservist is carrying on business in partnership in a relevant undertaking;
"public authority" means-
(a) a public authority listed in Schedule 1 to the Freedom of Information Act 2000( 3); or(b) a Scottish public authority listed in Schedule 1 to the Freedom of Information (Scotland) Act 2002( 4);"relevant contract of employment" means-
(a) a contract of service, or(b) a contract of apprenticeship,but does not include a zero hours contract;
"relevant date" means a date on or after these Regulations come into force and which is the earlier of the date on which the reservist reports for relevant service and the date on which the reservist is accepted into relevant service, but see regulation 12;
"relevant period" means a continuous period beginning with the relevant date and ending with the earlier of the date of the termination of the relevant service of the reservist and-
(a) in a case falling within regulation 3, the date of termination of the reservist's employment with the employer;(b) in a case falling within regulation 4, the date on which the reservist ceases to carry on business in partnership with the partner;"relevant service" means permanent service under Part 4 of the 1996 Act or under a call-out order but does not include any period in which the reservist is serving a term of imprisonment or detention under the sentence of the Court Martial or a court of law in the British Islands or any British overseas territory;
"relevant undertaking" means an undertaking which-
(a) is not a public authority; and(b) meets the qualifying conditions in Schedule 1;"reservist" means a person called out for relevant service;
"the 1996 Act" means the Reserve Forces Act 1996;
"undertaking" has the meaning given in section 1161(1) of the Companies Act 2006( 5);
"week" means a week ending with Saturday;
"zero hours contract" means a contract of employment under which-
(a) the undertaking to do or perform work is an undertaking to do so conditionally on the employer making work available to the reservist; and(b) there is no certainty that any such work will be made available to the reservist.(2) Where a person is performing relevant service and the date on which that person is entitled to be released or discharged has been postponed under section 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7) or 61 (as the case may be) of the 1996 Act, the date of the termination of relevant service means the date on which the reservist actually ceases the relevant service after the period of extension, and not the date on which the reservist would otherwise have been entitled to be released or discharged from the service.
Employer's payment
3. (1) Subject to fulfilment to an adjudication officer's satisfaction of the requirement to provide information or documentation under regulation 7, an employer is entitled to claim an employer's payment in respect of such part of the relevant period as the reservist is an employee of the employer.
(2) The amount of the employer's payment is the total of the amounts payable to the employer for calendar months in the relevant period, determined in accordance with paragraphs (3) to (5).
(3) For each calendar month part or all of which falls within the relevant period, the amount of the employer's payment is calculated in accordance with the formula in paragraph (4).
(4) The formula is-
where-
(a) "A" is the number of days in the calendar month which fall within the relevant period;(b) "B" is the number of days in the calendar month; and(c) "£X" is-(i) where situation 1 or 3 applies on the first day of the calendar month, £500;(ii) where situation 2 applies on the first day of the calendar month, a proportion of £500 which is the same proportion of that amount as C is of 35;(iii) where situation 4 applies on the first day of the calendar month, a proportion of £500 which is the same proportion of that amount as the number under paragraph (5)(d)(ii) is of 35.(5) For the purposes of this regulation-
(a) situation 1 applies where the reservist's contract of employment with the employer fixes the number of hours of employment in a week and that number is 35 or more;(b) situation 2 applies...To continue reading
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