The Cine Technician (1943 - 1945)

64 THE C I N E T E C H X I C I A X July— August, 1914 REINSTATEMENT IN CIVIL EMPLOYMENT Reprinted from " Labour " official organ of the Trades Union Congress THE phrase "reasonable and practicable" is the linch pin of the Reinstatement in Civil Employment Act which has now been passed by the House of Commons "to make provision for the reinstatement in civil employment of certain persons who are, or have been, in the service of the Crown, or in a civil defence force." Such persons are mainly : — ■ (a) Whole-time members of the armed forces, and certain women's Services (W.E.X.S., W.A.A.F., A.T.S., etc.), who entered into their service after May 25, 1939. (b) Men and women who commenced their service after April 10, 1941, in full-time civil defence. These persons are substantially the same as those covered by Section 14 of the Xational Service (Armed Forces) Act, 1939, and Defence Regulation 60 D.A.A., except that the Reinstatement Act includes volunteers who were formerly not covered. This new Act clarifies the position of members of the armed forces and civil defence workers considerably. The trouble with the former reinstatement provisions was that not only were volunteers excluded, but the guarantees given were both vague and hazy. Had reinstatement been left to depend on the previous legislation, the only people who could have been at all happy about it would have been the legal fraternity, and consequently it was recognised by every responsible person that the returning Service man and woman should not be called upon, after leaving the battlefront, to enter into a legal battlefront in a struggle to obtain what apparently the old Acts and Regulations promised. The T.U.C., who along with the Employers' Organisations were called into consultation by the Minister of Labour, as is customary on these matters, have given the Reinstatement Act their general approval. The Act provides that a person claiming his reinstatement rights should apply to his former employer not later than the fifth Monday after his war service has ended; and at the same time or later must indicate a date on which he will be ready to start work. That date must not be later than the ninth Monday after his war service lias elided. Both periods may be extended in case of sickness or for other reasonable cause. The former employer is described as the last employer for whom the applicant worked during the month prior to him (or her) entering the service of ( n iwn. Thus even a person who was uneinployi I for a period of say three weeks, before enterii _the forces, will be able to make a claim for reii statement to his former employer. It may so happen that the employer is not in a position to re-employ an applicant immediately. His business may have been closed down and n< t yet re-started. Or the particular department in which the applicant worked may have been " telescoped " out of existence for the tinae being. " concentration." The applicant's claim does n t lapse on that account. He can keep his claim ali\e by renewing it at intervals of not more I thirteen weeks. The original application or renewals can be lodged either directly with tie employer by the person concerned, or through a local office of the Ministry of Labour, or through some person acting with the applicant's authority, such as his trade union. One other important point must be remembered in connection with these applications. They are only vaiid if they are in writing. A verbal application will not do. It is quite likely that application forms will be provided by the Government to each person concerned, on demobilisation, and some Unions might wish to draw the attention <>f their members affected to this requirement, by themselves providing a simple and suitable application form. The employer's obligation on receiving such a claim will be to reinstate the applicant at the first opportunity (if any) at which it is reasonable and practicable to do so, on or after the date on which the applicant will be available. Reinstatement s to be in the occupation in which he was employ t. 1 before the beginning of his war service, and on terms and conditions not less favourable than tl which he would have had in thai occupation had he not joined the forces : if it is not reasonable and practicable to reinstate him on those conditio then the employer must reinstate him in the n favourable alternative that :s reasonable and p ticable. " Notional " or hoped-for advances in status would most likely be excluded. For example, if an applicant were to claim that if he had not join* 1 the forces he might have become his company 's secretin . his claim would hardly be consider* be reasonable and practicable, unless, of cou he was the assistant secretary; but if normal piemotion for clerks in the firm was by way >{