Commentary on Sections Schedule 7: Payments to employers etc of members of reserve forces: supplementary Section 48: Unfair dismissal of reserve forces: no qualifying period of employment
173.Section 48 amends section 108 of the Employment Rights Act 1996, by disapplying the statutory qualifying period for the purposes of claiming unfair dismissal from a reservist’s civilian employment where the reason (or principal reason) for dismissal is connected with the employee’s membership of the Reserve Forces.
174.This provision does not replace section 17 of the Reserve Forces (Safeguard of Employment) Act 1985 which makes it a criminal offence for an employer to dismiss a reservist because he or she is called out or likely to be called out. This provision does not mean that a member of a reserve force who is dismissed will automatically be treated as having been unfairly dismissed.