Letter of Appeal to New Employer for Breach of Contract by kda16807

VIEWS: 16 PAGES: 28

More Info
									Note to presenters

Although suitable for use when briefing any
Reservists, this presentation is primarily aimed at
those who are relatively junior. In particular, it can
serve as a 40 minute lesson for new recruits.

It is, of course, only a template and may benefit
from some tailoring to reflect your Unit’s particular
circumstances.

The leaflet “Working with your employer: a guide
for Reservists” should be handed out at the end of
the presentation.
Working with your employer
    An introduction for Reservists
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Why your employer matters

 Some contracts of employment require you to
  obtain your employer’s permission before taking
  other paid work

 To attend evening and weekend training, you
  may have to leave work early or change shifts

 Many employers give extra time off for training
  or Annual Camp – but it is entirely up to them
  whether they do so or not

 If you are mobilised, employers have the right
  to apply for it to be cancelled or postponed,
  irrespective of what you want
Why your employer matters

 And critically …


 “When you are mobilised you
 need your mind on the job.
 The last thing you want to be
 worried about is whether your
 employer is supporting you.”
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Telling your employer:
Employer Notification
 Under the “Employer Notification” system,
  your employer will be told that you are in the Reserve
  Forces by your Unit

 You will only be granted a waiver from Employer
  Notification in exceptional circumstances or if your
  employment contract is for less than six months

 It is better that the news comes from you first
  rather than through the official letter from your Unit –
  so tell your employer yourself
Telling your employer:
Employer Notification
Employers are told when they are employing a
Reservist because:

 The more that employers know about the benefits,
  rights and obligations associated with employing a
  Reservist, the more supportive they tend to be

 If your employer doesn’t even know you are a Reservist
  until you are mobilised, it is unreasonable to expect
  them to support you during and after your mobilisation

 More information about Employer Notification is on the
  SaBRE website: www.sabre.mod.uk
Telling your employer:
preparation
 Read the materials available (described later) so that
  you understand the key issues related to employing a
  Reservist

 Check whether your employer has any written policies
  relating to the Reserve Forces or other similar activities

 Check your contract of employment (if you have one)
  for any conditions on taking additional paid employment

 Check whether there is any information about your
  employer on the SaBRE website (www.sabre.mod.uk)

 Ask your Unit for advice if you have any questions or
  concerns
Telling your employer:
what to cover
Try to explain:

 The benefits to your employer of the training
  you receive from the Reserve Forces

 The important roles of the Reserve Forces (including
  providing support for the UK emergency services in
  the case of a major incident)

 The safeguards for employers – their rights

 Your employer’s obligations – your rights

 Where your employer can go for more information
  and advice
Telling your employer

 Finally, remember that the UK’s Armed Forces are
  widely respected and that being a member of them
  should be something of which you are proud.


  85% of employers say that Reservists should
  be supported by their employers as
  a matter of principle – and 68% say they
  would give additional time off for training.
  85% of mobilised Reservists say that their
  employers were at least „quite supportive‟,
  with 55% being very or extremely supportive.
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Benefits of employing a Reservist

 As well as talking about your employer’s rights and
  obligations, you should also try to refer to the
  benefits which come from employing a Reservist

 Many employers see supporting members of the
  Reserve Forces as part of their social responsibility

 You may be able to obtain qualifications useful to
  your employer (in driving or first aid, for example)

 However, the main benefits are in the “soft skills”
  which are developed through your training and
  experience while mobilised
Benefits of employing a Reservist:
transferable skills
 The benefits most often quoted by employers as
  arising from their employees being in the Reserve
  Forces are improvements in:
    team-working
    self-confidence
    communication
    leadership
    management

 You receive this training mainly in your own time, not
  your employers’ (like civilian training courses for staff)

 Reservists are often given responsibility for people,
  equipment and activities at a much younger age than
  in their civilian work
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Your employer’s rights:
exemption or deferral
 If you are called-up for mobilisation, your employer
  can apply for an exemption or deferral (i.e. for your
  mobilisation to be cancelled or postponed) if your
  mobilisation will cause serious harm to the business
  or organisation

 Your employer does not need your agreement to
  make such an application.

 Your employer has a right of appeal to an
  independent tribunal if the application is turned down
Your employer’s rights:
financial support
 If you are mobilised, your employer can claim most
  costs incurred back from the Ministry of Defence

 This can include:
    one-off costs (such as advertising for a temporary
     replacement)
    ongoing costs (such as extra overtime costs) up to
     £110 per day you are mobilised
    when you return to work, costs of training you
     require because you have been away

 Employers cannot claim for any “consequential losses”,
  such as a loss of sales – if your employer thinks that
  this is a serious issue they should apply for an
  exemption or deferral
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Your rights:
job protection
 It is a criminal offence to dismiss you because you
  are in the Reserve Forces
 However, you could be disciplined by your employer
  for being in breach of contract if your terms of
  employment specifically say that you can’t be in the
  Reserve Forces or take other paid work
 When you are demobilised, your employer is legally
  required to give you your job back – provided you
  have followed the appropriate procedures
 If this is not practicable (for example, because of a
  company reorganisation) your employer is required
  to offer you a reasonable alternative
Your rights:
pay and benefits while mobilised
 The MOD will pay you either your military or civilian
  rate of pay, whichever is the higher (up to the
  equivalent of £200,000/year, or more for some
  medical specialists) – so there is no need for your
  employer to continue paying you anything while you
  are mobilised

 You can also claim from the MOD for benefits (such
  as a company car) that your employer stops
  providing while you are mobilised

 The MOD will pay your employer’s contributions to
  any company pension scheme, provided that you
  continue with the employee’s contribution
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Developing your
employer’s support
 If you want time off for training, or need to rearrange
  shifts, make sure you arrange it with your employer
  as far in advance as possible

 If your employer has any questions or wants to know
  more, either provide the information yourself or direct
  them to one of the sources of help we’ll cover next

 If your employer is interested make use of events,
  such as employers’ visits to training (details of which
  should be available from your Unit) to give them a
  better understanding of the Reserve Forces
Contents of this presentation

 Why your employer matters
 Telling your employer that you are a Reservist
 The benefits of employing a Reservist
 Your employer’s rights
 Your rights
 Developing your employer’s support
 Sources of help for you and your employer
Sources of help:
SaBRE’s website
 SaBRE (Supporting Britain’s Reservists and
  Employers) is the Ministry of Defence
  campaign which supports the relationship
  between Reservists and their employers

 SaBRE’s website (www.sabre.mod.uk)
  provides a wide range of information and
  publications for Reservists and for employers

 It includes a list of some supportive
  employers, showing whether they have a
  written policy on Reservists and whether
  they provide time off for Annual Camp
Sources of help:
help with specific problems
 For more specific issues, relating to your particular case, you
  should start by asking your chain-of-command for assistance
 Within each Unit there should be an officer with responsibility
  for employer support who can provide further help and advice
  – he or she is able to draw upon additional specialist support
  (including legal advice, SaBRE, senior officers and other
  employers) if required
 You, your unit or your employer can also
  - call SaBRE’s confidential helpline (0800 389 5459)
  - ask the Regional SaBRE Campaign Director (RSCD) for your
  area for help, including telephone or face to face discussions
  with your employer if required (their contact details are on
  the SaBRE website or available from SaBRE’s helpline)
Summary

 The better informed your employer is, the more
  supportive they are likely to be

 Talk to your employer about the benefits, rights and
  obligations associated with employing a Reservist

 Take time to prepare before talking to your employer

 Make sure that your employer knows about SaBRE,
  including the website and helpline

 If you have any concerns, talk to your
  chain-of-command or to SaBRE
www.sabre.mod.uk

 0800 389 5459

								
To top