# The Reserve Forces (Payments to Employers and Partners) Regulations 2014, Regulation 3: Employer’s payment

Extent: E+W+S+N.I.

(1) Subject to fulfilment to an adjudication officer’s satisfaction of the requirement to provide information or documentation under regulation 7, an employer is entitled to claim an employer’s payment in respect of such part of the relevant period as the reservist is an employee of the employer.
(2) The amount of the employer’s payment is the total of the amounts payable to the employer for calendar months in the relevant period, determined in accordance with paragraphs (3) to (5).
(3) For each calendar month part or all of which falls within the relevant period, the amount of the employer’s payment is calculated in accordance with the formula in paragraph (4).
(4) The formula is—
£X × A B where—
(a) “A” is the number of days in the calendar month which fall within the relevant period;
(b) “B” is the number of days in the calendar month; and
(c) “£X” is—
(i) where situation 1 or 3 applies on the first day of the calendar month, £500;
(ii) where situation 2 applies on the first day of the calendar month, a proportion of £500 which is the same proportion of that amount as C is of 35;
(iii) where situation 4 applies on the first day of the calendar month, a proportion of £500 which is the same proportion of that amount as the number under paragraph (5)(d)(ii) is of 35.
(5) For the purposes of this regulation—
(a) situation 1 applies where the reservist’s contract of employment with the employer fixes the number of hours of employment in a week and that number is 35 or more;
(b) situation 2 applies where the reservist’s contract of employment with the employer fixes the number of hours of employment in a week and that number is less than 35;
(c) situation 3 applies where—
(i) the reservist’s contract of employment with the employer does not fix the number of hours of employment in a week but does guarantee a minimum number of hours; and
(ii) the number of hours that the adjudication officer is satisfied that the reservist is likely to have been required under that contract to work for the undertaking each week in the calendar month is 35 or more;
(d) situation 4 applies where—
(i) the reservist’s contract of employment with the employer does not fix the number of hours of employment in a week but does guarantee a minimum number of hours; and
(ii) the number of hours that the adjudication officer is satisfied that the reservist is likely to have been required under that contract to work for the undertaking each week in the calendar month is less than 35.
(6) The employer’s payment is paid in monthly instalments paid monthly in arrears to the employer on the last working day of every calendar month.

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Source: https://www.legislation.gov.uk/uksi/2014/2410/regulation/3 (the official version)
Page: https://openlegislation.uk/reserve-forces-payments-to-employers-and-partners-regulations-2014/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.