The Harbour Reorganisation (Compensation to Employees) Regulations 1967

National service

5.—(1) Any person to whom these regulations apply by virtue of regulation 3(b) thereof, and who, before the expiry of 2 months after ceasing to be engaged on national service, or, if prevented by sickness or other reasonable cause, as soon as practicable thereafter, gives notice in writing to the compensating authority that he is available for employment, shall be entitled, subject to the last preceding regulation, to receive payment of such compensation (if any) as shall have been determined as aforesaid in respect of—

(a) loss of employment or loss or diminution of pension rights if he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the administration of the same or a different service); or

(b) diminution of emoluments or loss or diminution of pension rights, if he is re-employed in his former office or in any reasonably comparable office with reduced emoluments or loss or diminution of pension rights as compared with the emoluments or pension rights which he would have enjoyed or been entitled to had he continued in his former office.

(2) The loss of employment or loss or diminution of pension rights which is the ground of a claim for compensation under sub-paragraph (a) of the last foregoing paragraph shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment, and the claimant shall be deemed to have been entitled to the emoluments or the pension rights which he would have enjoyed or been entitled to at such earlier date had he continued in his former office.