(1)The M1Reserve Forces (Safeguard of Employment) Act 1985 shall be amended as follows.
(2)For subsection (1) of section 1 (obligation to reinstate) there shall be substituted the following subsections—
“(1)This section applies to any person who is in permanent service under—
(a)Part IV (special agreements for call out) or Part V (special members) of the Reserve Forces Act 1996;
(b)a call-out order under Part VI of that Act (orders authorising general call out of members of reserve forces); or
(c)a recall order under section 68 (recall of officers and former servicemen) of that Act.
(1A)In this Act “whole-time service” means permanent service to which this section applies.”
(3)For subsection (1) of section 17 (prohibition of dismissal for liability to whole-time service) there shall be substituted the following subsection—
“(1)If the employer of a person who may be required to enter upon a period of whole-time service—
(a)terminates that person’s employment without his consent at any time when he is not in that service, and
(b)does so solely or mainly by reason of any duties or liabilities which that person may be liable to perform or discharge—
(i)if required to report at any time or place with a view to entering into whole-time service; or
(ii)if he enters upon a period of whole-time service,
the employer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(4)In section 20(1) (interpretation), for the definition of “whole-time service” there shall be substituted the following definition—
““whole-time service” has the meaning given by section 1(1A).”
(5)For subsections (3) and (4) of section 20 (interpretation) there shall be substituted the following subsection—
“(3)A period of whole time service shall not be regarded as having ceased by reason of any absence on leave (including sick leave or maternity leave) before release from service or discharge.”
(6)The amendments made by this section do not affect the operation of the M2Reserve Forces (Safeguard of Employment) Act 1985 in its application to persons liable to be called out or recalled for permanent service under the M3Reserve Forces Act 1980 or officers liable to be called out or recalled otherwise than under this Act.