Reservist Employment Rights: UK Law vs USERRA in the US

Both countries protect a reservist's civilian job in law. In the UK, the Reserve Forces (Safeguard of Employment) Act 1985 obliges employers to take reservists back after mobilisation, and the Defence Reform Act 2014 lets reservists claim unfair dismissal from day one where the dismissal is connected to their reserve service. In the US, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to re-employ returning service members in the job they would have reached had they never left.

The two systems differ most on training time, deadlines and money. US law covers absences for drills and annual training. UK law leaves routine training leave to the employer, and the Ministry of Defence pays employers and reservists to cover the cost of mobilisation. The tables below set out the rules side by side, followed by what to do in each country.

UK and US reservist job protection at a glance

The UK rules in detail

Training and redundancy

GOV.UK guidance states that employers do not have to give reservists time off for training. Training usually means one evening a week, several weekends a year and a 15-day course each year, so most reservists use annual leave or employer goodwill. The guidance is explicit on redundancy: reservists cannot be made redundant because of training or mobilisation, and in a genuine redundancy they must be treated the same as everyone else (GOV.UK).

Mobilisation and the employer's right to object

A call-out notice usually gives 28 days' warning. If losing the reservist would seriously harm the business, the employer can apply within 7 days of receiving the notice for a deferral of up to a year, an exemption of a year or more, or revocation if the reservist has already been mobilised. Applications go in writing to the adjudication officer for the relevant service. The Army adjudication officer is on 0800 389 6585; Royal Navy and Royal Air Force contacts are on the GOV.UK mobilisation page.

Returning to work

You must write to your employer no later than the third Monday after your last day of service. The employer must take you back as soon as it reasonably can, in the same type of job on the same terms and conditions. The minimum period of re-employment depends on how long you had worked there before mobilisation (GOV.UK):

If the employer refuses, offers an unsuitable job or does not reply, you can apply to a tribunal, which can order re-employment or award compensation. Ending a reservist's employment solely or mainly because of their service liabilities is also a criminal offence under section 17 of the 1985 Act, with a fine of up to level 3 on the standard scale. Since 1 October 2014, section 48 of the Defence Reform Act 2014 has removed the usual qualifying period for an unfair dismissal claim where the reason is connected with reserve membership.

Money for employers and reservists

The Ministry of Defence pays the mobilised reservist's salary, so the employer stops paying it. Employers can then claim the extra costs of covering the absence:

Claims must arrive within 4 weeks of the reservist's last day of service, or within 8 weeks of the end of training for training costs. Defence Relationship Management handles queries at employerrelations@rfca.mod.uk (GOV.UK). Reservists themselves can claim the difference between civilian and service pay up to £400 a day, plus lost benefits in kind such as health insurance (GOV.UK).

The Employer Recognition Scheme

The legal minimum says nothing about routine training leave, which is where the Defence Employer Recognition Scheme matters. Silver award holders commit to at least 5 days' additional annual leave for reservist training, ideally paid. Gold award holders commit to at least 10 days' additional paid leave a year. The MOD publishes the full lists of Bronze, Silver and Gold holders as spreadsheets; the lists were last updated in September 2026. Our guide to the biggest employers of veterans covers how to use them when job hunting.

The US rules in detail

USERRA applies to virtually every US employer, whatever its size, and to part-time and probationary employees. To qualify for re-employment you must meet five conditions: you left a civilian job for uniformed service, you gave advance notice unless that was impossible, your cumulative service with that employer has not exceeded five years, you were not released under dishonourable or punitive conditions, and you reported back or applied on time (Department of Labor's elaws Advisor).

The five-year cap excludes drills, annual training and emergency call-ups, so most Guard and Reserve members never reach it. Deadlines to return run from the end of service: the next scheduled work period for service under 31 days, 14 days for 31 to 180 days and 90 days for 181 days or more. Members recovering from a service-connected injury or illness can have up to two years.

On return, the escalator principle applies: you come back to the position you would have held without the absence, with the seniority and pay that go with it, and the employer must make reasonable efforts such as training to help you qualify. Service counts as continuous for pension participation, vesting and accrual. If your service lasted more than 30 days you can keep employer health cover for up to 24 months, paying up to 102% of the full premium. After re-employment, 38 U.S.C. 4316(c) allows dismissal only for cause for 180 days after service of 31 to 180 days, and for one year after service of more than 180 days.

The Veterans' Employment and Training Service (VETS) investigates complaints and can be reached on 1-866-237-0275 (DOL VETS). Since 2022, the CREW Act has extended USERRA to FEMA reservists deployed to major disasters. For informal help before a dispute escalates, ESGR, a Department of Defense body set up in 1972, uses more than 4,500 volunteers to brief employers and mediate conflicts.

What to do if you are a reservist

In the UK

1. Tell your employer you are a reservist when you join or start a new job, and keep a copy of the notification.
2. Ask HR whether the organisation holds an Employer Recognition Scheme award and what reservist leave policy applies.
3. On mobilisation, pass the employer pack to your manager so they can claim costs and the SME incentive.
4. Diary the third Monday after your last day of service and send your written return request before then.
5. If the employer refuses, contact the employment tribunal and keep every letter and email.

In the US

1. Give written notice of each period of service, and keep copies of orders, DD 214s and pay stubs.
2. Track your cumulative service with each employer against the five-year limit.
3. Note your return deadline (next shift, 14 days or 90 days) as soon as you know your release date.
4. If a dispute arises, try ESGR mediation first, then file a USERRA claim with VETS.