Reservist Reinstatement Application Letter Template & Generator

An application to be taken back by your former civilian employer has no effect unless it is made in writing (Reserve Forces (Safeguard of Employment) Act 1985, section 3). MOD guidance (JSP 532) says to send it no later than the third Monday after your last day of full-time military service. Below is what it should include, plus a free tool to generate it.

What this application needs to cover

• That your period of full-time (whole-time) service has ended, and the date it ended
• That you apply under the Reserve Forces (Safeguard of Employment) Act 1985 to be taken back into your employment
• Your job with this employer in the four weeks before your full-time service began
• The date you can start work, or that you will tell them in writing
• A request for written confirmation of your job, terms and start date

Your rights after full-time service

Your former employer is the employer you worked for in the four weeks before your full-time service began. While your application is in force, they must take you back in your old occupation on terms no less favourable, or, if that is not reasonable and practicable, in the most favourable job and on the most favourable terms that are. They must do this at the first opportunity that is reasonable and practicable on or after the date you said you would be available.

Once you are taken back, JSP 532 says your employer must keep you on for at least 13 weeks if you had worked for them for up to 13 weeks before, 26 weeks for 13 to 52 weeks, or 52 weeks for 52 weeks or more. Your employer does not have to take you back if you will not be available for work within 6 months of your full-time service ending.

Time limits

• Third Monday: send your written application no later than the third Monday after your last day of full-time service (JSP 532). If you could not, for example because you were ill, apply as soon as possible and explain why
• 13 weeks: an application lasts 13 weeks. If you have not been taken back, renew it in writing before it runs out
• Reinstatement Committee: apply within 13 weeks of your application or its renewal, or within 52 weeks of being taken back if the dispute is about the job or terms offered (JSP 532)

What if your employer refuses or delays?

If your employer refuses, offers a job or terms you think are worse than the law requires, or you hear nothing, you can apply to a Reinstatement Committee. It can order your employer to take you back and to pay compensation for your loss. You can appeal its decision to an Umpire. Keep copies of everything you send and receive.

Separately, it is a criminal offence for an employer to dismiss a reservist because they are called out or likely to be called out. In England, Wales and Scotland you can also claim unfair dismissal without any qualifying period if the reason, or main reason, for the dismissal is connected with your reserve membership.

Frequently Asked Questions

How much notice do I need to give my employer before returning?
Your application should give the date you can start work, or say you will tell them in writing. MOD guidance also suggests writing informally as early as you can, for example at demobilisation, so your employer can prepare.

Does this apply if my job no longer exists?
If it is not reasonable and practicable to take you back in your old occupation, your employer must offer the most favourable job and terms that are reasonable and practicable in your case. There are limited exceptions, for example where taking you back would mean dismissing someone employed before you in a job no less permanent than yours. Ask Citizens Advice (Advice NI in Northern Ireland) or a solicitor about your case.

See our full letter template & generator library for related letters, or use our free checkers for guidance specific to your situation.