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Armed Forces Bill

moved Amendment No. 173: After Clause 344, insert the following new clause- ““DISCRIMINATION AGAINST MEMBERS OF RESERVE FORCES (1) A person commits an offence if, in relation to the offer of employment by him at an establishment in Great Britain, he discriminates against another on the ground that that person is or may become a member of Her Majesty's reserve forces- (a) in the arrangements he makes for determining who should be offered that employment; (b) in the terms on which he offers him that employment; or (c) by refusing or deliberately omitting to offer him that employment. (2) A person commits an offence if he discriminates against a person employed by him at an establishment in Great Britain, on the ground that that employee is or may become a member of Her Majesty's reserve forces- (a) in the terms of employment which he affords him; (b) in the way he affords him access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately not offering him access to them; or (c) by dismissing him, or subjecting him to any other detriment. (3) A person guilty of an offence under this section is liable upon conviction to a fine not exceeding £25,000 and such damages as the court may award.”” The noble Earl said: Our reserves, regular or volunteer, are a vital component of our Armed Forces. As we know, they are used regularly and continuously on operations. It seems to me that pregnant mothers enjoy superior employment protection compared to reservists returning from compulsory mobilisation. It is not surprising, therefore, that there are serious recruiting problems in parts of the volunteer reserves, particularly for officers, where the situation is best described as ““dire””. Take Sergeant Knight, for example. He returned from Operation TELIC in 2003. He was offered menial employment with his old employer, so he took it to the reinstatement committee provided for under the Reserve Forces (Safeguard of Employment) Act. He had to pay for his own legal team and advice. There were no MoD observers at the reinstatement committee; he was on his own. Interestingly, earlier today the Minister said that, during a prosecution, a serviceman will invariably be accompanied by an officer, but in a reinstatement committee, where the volunteer is trying to get back his proper employment prospects, he gets no help. I always thought that if I were compulsorily mobilised for an operation and I did not get my job back the employer would be in some difficulty because he would have the MoD on his back; but it does not seem to be that way. Largely due to the lack of support from the MoD, Sergeant Knight was unsuccessful in getting his job back. He is now out of pocket several thousands of pounds of legal expenses. The support of the MoD, particularly the Director of Reserve Forces and Cadets, to this excellent volunteer has been pathetic. What is the Minister going to do about it? I beg to move.