Paragraph 25

The 1996 Order has effect as if after Article 135F there were inserted—

“Emergency volunteering leave

135G

(1)

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—

(a)

the employee 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 employee was likely to take emergency volunteering leave under that Schedule.

(2)

An employee 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.”