Written question asked by Lord Lancaster of Kimbolton (Conservative) on Friday, 6 October 2006, in the House of Commons. It was due for an answer on Monday, 9 October 2006. It was answered by Derek Twigg (Labour) on Tuesday, 7 November 2006 on behalf of the Ministry of Defence.

Reservists

Question: To ask the Secretary of State for Defence whether (a) Territorial Army soldiers and (b) other members of the volunteer reserve are legally defined as (i) volunteers and (ii) part-time employees.

Answer: Under Section 2(3) of the Reserve Forces Act 1996 the Territorial Army is part of the volunteer reserve forces. Members of those forces are not defined as being either volunteers or part-time employees. Legally they are part of the armed forces of the Crown; they are not employees as defined in the Employment Rights Act 1996, The Reserve Forces Act provides a number of different forms of service which members of the reserve forces may undertake including: training and other duties under sections 22 and 27; Additional Duties Commitments; Full-Time Reserve Service; Non Regular Permanent Staff service; permanent (mobilised) service. Service under sections 22 and 27 is excluded from the provisions of the Part-Time Workers (prevention of Less Favourable Treatment) Regulations 2000.

Secondary information