Law firms will have more time to prepare for the absence of employees who are in the volunteer reserve forces and are called up to serve, after new regulations came into force last month, it was claimed this week.

Following an announcement by Ministry of Defence minister Ivor Caplin earlier this year, it became a condition of service last month that newly registered volunteers with the forces agree that their unit can inform their employers about their membership.

At the moment, reservists are only advised to inform their employers.

Mike Hibbs, an employment partner at Birmingham firm Shakespeares, said: 'Many employers are unaware of the full implications of call-up for their business.

With an average notice period of just nine days, employers need to make arrangements for appropriate cover while reservists are in action.'

The regulations also apply to a change of jobs within the volunteer reserve forces.

The majority of reservists have to be re-engaged every three years and the new notification rules extend to this.

Those who do not have to be re-engaged - for example, commissioned officers - have until 31 March 2005 to notify their employers.

Mr Hibbs said: 'The new regulations should provide assurance to employers that they will at least know when employees register with the volunteer reserve forces.

From the employees' perspective, it also highlights their rights.

For example, under the Reserve Forces (Safeguard on Employment) Act 1985, an employer cannot dismiss a reservist because of the risk of him or her being called up, and further, an employer must also reinstate a reservist at the end of a period of military service.'

However, he said there is some concern that the notification rules will lead to greater discrimination against reservists who join companies on probationary periods, and whose membership of the forces is then notified.

This could be a factor in their not being kept on past their probationary period.

Mr Hibbs added that greater awareness of the issue of reservists could also lead to discrimination among potential recruits, as employers start asking interviewees whether they are members of the reserve forces.

'As there is no protection from discrimination at the recruitment stage, an employer could therefore refuse to employ someone on the grounds that he or she is a reservist,' he warned.

Neil Rose