The shocking situation in Ukraine raises some potentially tricky issues about employees who are called up to active duty or wish to join the armed forces voluntarily, and about managing relationships within the workplace.

Around the world people are deeply shocked, saddened and concerned about the escalating war in Ukraine. Many employers in the UK are increasingly concerned about the wellbeing of their employees, particularly those from Ukraine or other Eastern European countries and the potential risk that those employees may be called back to their home country to fight. In this article we consider some of the legal and practical implications of the conflict for the employment relationship.

In the UK there are specific arrangements for individuals who are called up to UK reserved armed forces. These do not apply to nationals of other countries being called up for military service by their home country, but employers might want to follow a similar approach. MoD guidance says that employees should be treated as being on unpaid “special leave”. There is also a statutory mechanism that ensures reservists can return to their former or similar job for a minimum period of time, dependent on their length of service.

What happens to the employment relationship?

Non-UK nationals who are called up to active duty by their home country

If an employee is called up by their home country and is under a legal obligation to join the armed forces, there is not much an employer can do to...

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