SCHEDULES

SCHEDULE 7Emergency volunteering leave

PART 3Modifications of Employment Rights Act 1996

9

The 1996 Act has effect as if after section 47G there were inserted—

47HEmergency volunteering leave

1

A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that—

a

the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or

b

the employer believed that the worker was likely to take emergency volunteering leave under that Schedule.

2

A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

3

Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 10.