Coronavirus Bill (HC Bill 122)

subsection (2) insert—

“(3) Subsection (3)(a) does not apply in relation to a person registered as
a temporary social worker.”

(8) In section 51 (appeals) before subsection (A1) insert—

“(ZA1) This section does not apply in relation to a person registered as a
5temporary social worker or applications for registration as a
temporary social worker.”

(9) In section 52 (offence of using title of social worker while unregistered) in
subsection (1)(a), in each of the three places where it occurs, after “social
worker” insert “or temporary social worker”.

(10) 10In section 53 (codes of practice) before subsection (1) insert—

“(A1) For the purpose of this section, “social service worker” includes a
person registered as a temporary social worker.”

(11) In section 54 (approval of courses etc) after subsection (4) insert—

“(5) This section does not apply in relation to a person registered as a
15temporary social worker.”

(12) In section 55 (grants and allowances for training) in subsection (1), after
“social service workers” insert “or temporary social workers”.

(13) In section 57 (power of the Council to make rules)—

(a) in subsection (1)(c), in the closing text, after “provide” insert “(but see
20sections 46F and 46G of this Act in relation to a person registered as
a temporary social worker)”;

(b) after subsection (2A) insert—

“(2B) Rules made by the Council under subsection (2) may not
make provision for the payment of fees in connection with
25registration as a temporary social worker.”

(14) In section 57A (notification of dismissal etc to Council)—

(a) in the opening words, after “worker” insert “or a person registered as
a temporary social worker”;

(b) in paragraph (a), after “worker” insert “or person registered as a
30temporary social worker”;

(c) in paragraph (b), after “worker” insert “or person registered as a
temporary social worker”.

(15) In section 57B (provision of other information to Council by employer) after
“social service worker” insert “or a person registered as a temporary social
35worker”.

(16) In section 58 (functions of the Scottish Ministers under this Part)—

(a) in subsection (1)(a), before sub-paragraph (i) insert—

“(“zi) temporary social workers;”;

(b) in subsection (1)(b), after “social service workers” insert “or
40temporary social workers”;

(c) in subsection (2)(b), after “social service workers” insert “or
temporary social workers”;

(d) in subsection (3), after “social service workers” insert “or temporary
social workers”.

(17) In section 77 (interpretation) after the definition of “EEA state”, insert—

• “““temporary social worker” has the meaning given by section
  544(2B);”.

Social workers and social service workers in care services

2 (1) The Registration of Social Workers and Social Service Workers in Care
Services (Scotland) Regulations 2013 (S.S.I. 2013/227) have effect subject to
the following modifications.

(2) 10In regulation 4 (requirements on social workers)—

(a) in paragraph (3)(a), for “6” substitute “12”; and

(b) in paragraph (6), for “six” substitute “12”.

(3) In regulation 5 (requirements on social service workers)—

(a) in paragraph (3)(a), for “6” substitute “12”; and

(b) 15in paragraph (6), for “six” substitute “12”.

Section 7

SCHEDULE 6 Emergency volunteering leave

Part 1 Entitlement to emergency volunteering leave

20Entitlement to emergency volunteering leave

1 (1) A worker is entitled to be absent from work on leave for the period specified
in an emergency volunteering certificate if the condition in sub-paragraph
(2) is met.

(2) The condition is that, no later than 3 working days before the first day of the
25period specified in the emergency volunteering certificate, the worker—

(a) notifies their employer in writing of their intention to be absent from
work on leave for the period specified in the emergency volunteering
certificate, and

(b) provides their employer with a copy of the certificate.

(3) 30An “emergency volunteering certificate” is a document issued by an
appropriate authority certifying that the worker—

(a) has been approved by the authority as an emergency volunteer in
health or social care, and

(b) will be acting as an emergency volunteer in health or social care from
35the date, and for the period, specified in the certificate.

(4) The period specified in the certificate must be a period of—

(a) two consecutive weeks,

(b) three consecutive weeks, or

(c) four consecutive weeks,

and must begin and end in the same volunteering period.

(5) A worker may not be absent from work under this paragraph more than
once in each volunteering period.

(6) This paragraph is subject to paragraph 3 (exceptions).

(7) 5In this Schedule “emergency volunteering leave” means leave under this
paragraph.

Meaning of “volunteering period”

2 (1) For the purposes of paragraph 1 the “volunteering periods” are—

(a) the period of 16 weeks beginning with the day on which this
10Schedule comes into force;

(b) any subsequent periods of 16 weeks specified by the relevant
national authority in regulations;

(c) any period of less than 16 weeks, ending with the expiry of this Part
of this Schedule, specified by the relevant national authority in
15regulations.

(2) A volunteering period specified in regulations under sub-paragraph (1)(b)
or (1)(c)—

(a) may not begin before the end of the previous volunteering period;

(b) may, but need not, begin immediately after the end of the previous
20volunteering period.

(3) In this paragraph the “relevant national authority” means—

(a) in relation to England and Wales and Scotland, the Secretary of State;

(b) in relation to Northern Ireland, the Secretary of State or the
Department for the Economy in Northern Ireland.

(4) 25The Secretary of State may not make regulations under this paragraph in
relation to Northern Ireland unless the Department for the Economy in
Northern Ireland consents.

Exceptions to entitlement to emergency volunteering leave

3 (1) Paragraph 1 does not apply where the worker—

(a) 30is employed by an undertaking which has a headcount of staff of less
than 10;

(b) is employed by the Crown;

(c) is a relevant member of the House of Lords staff, within the meaning
of section 194 of the Employment Rights Act 1996;

(d) 35is a relevant member of the House of Commons staff, within the
meaning of section 195 of the Employment Rights Act 1996;

(e) is employed under a contract of employment with the National
Assembly for Wales Commission;

(f) is employed under a contract of employment with the Scottish
40Parliamentary Corporate Body;

(g) is employed under a contract of employment with the Northern
Ireland Assembly Commission;

(h) is employed under a contract of employment in police service
(within the meaning of section 200(2) of the Employment Rights Act
451996);

(i) is of a description specified in regulations made by the relevant
national authority.

(2) Sub-paragraph (1)(h) does not apply in relation to Northern Ireland.

(3) In sub-paragraph (1)(i) the “relevant national authority” means—

(a) 5in relation to England and Wales and Scotland, the Secretary of State;

(b) in relation to Northern Ireland, the Department for the Economy in
Northern Ireland.

Meaning of “appropriate authority”

4 (1) This paragraph applies for the interpretation of this Part of this Schedule.

(2) 10In relation to England, “appropriate authority” means—

(a) the Secretary of State for Health and Social Care,

(b) the National Health Service Commissioning Board,

(c) a county council,

(d) a district council for an area for which there is no county council,

(e) 15a London borough council,

(f) the Common Council of the City of London, or

(g) the Council of the Isles of Scilly.

(3) In relation to Wales, “appropriate authority” means—

(a) the Welsh Ministers,

(b) 20a county council, or

(c) a county borough council.

(4) In relation to Scotland, “appropriate authority” means—

(a) the Scottish Ministers, or

(b) a council constituted under section 2 of the Local Government etc
25(Scotland) Act 1994.

(5) In relation to Northern Ireland, “appropriate authority” means—

(a) the Department of Health in Northern Ireland,

(b) the Regional Health and Social Care Board, or

(c) a Health and Social Care trust.

30Part 2 Effect of taking emergency volunteering leave

Application of terms and conditions of employment

5 (1) An employee who takes emergency volunteering leave is, during any period
of leave—

(a) 35entitled to the benefit of all of the terms and conditions of
employment which would have applied if the employee had not
been absent, and

(b) bound by any obligations arising under those terms and conditions
(except in so far as they are inconsistent with paragraph 1).

(2) 40In sub-paragraph (1) “terms and conditions of employment”—

(a) includes matters connected with an employee’s employment
whether or not they arise under the contract of employment, but

(b) does not include terms and conditions about remuneration.

(3) For the purposes of this paragraph, only sums payable to an employee by
5way of wages or salary are to be treated as remuneration.

Right to return

6 (1) An employee who returns to work after a period of emergency volunteering
leave is entitled to return from leave to the job in which they were employed
before the absence.

(2) 10The right to return under this paragraph is a right to return—

(a) with the employee’s seniority, pension and similar rights as they
would have been if the employee had not been absent, and

(b) on terms and conditions no less favourable than those which would
have applied if the employee had not been absent.

15Pension rights

7 (1) If an employment-related benefit scheme does not include an emergency
volunteering rule, it is to be treated as including one.

(2) An emergency volunteering rule is a provision that has the effect set out in
sub-paragraphs (3) and (4).

(3) 20If a relevant term does not treat time when a worker is on emergency
volunteering leave as it treats time when they are not, the term is modified
so as to treat time when they are on emergency volunteering leave as time
when they are not.

(4) If a term confers a relevant discretion capable of being exercised so that time
25when a worker is on emergency volunteering leave is treated differently
from time when they are not, the term is modified so as not to allow the
discretion to be exercised in that way.

(5) A term is relevant if it is—

(a) a term relating to membership of the scheme,

(b) 30a term relating to the accrual of rights under the scheme, or

(c) a term providing for the determination of the amount of a benefit
payable under the scheme.

(6) A discretion is relevant if its exercise is capable of affecting—

(a) membership of the scheme,

(b) 35the accrual of rights under the scheme, or

(c) the determination of the amount of a benefit payable under the
scheme.

(7) This paragraph does not require the worker’s contributions to the scheme in
respect of time when they are on emergency volunteering leave to be
40determined otherwise than by reference to the amount they are paid by the
employer in respect of that time.

(8) “Employment-related benefit scheme”—

(a) in relation to England and Wales and Scotland, has the meaning
given by paragraph 7 of Schedule 5 to the Social Security Act 1989;

(b) in relation to Northern Ireland, has the meaning given by paragraph
7 of Schedule 5 to the Social Security (Northern Ireland) Order 1989
5(S.I. 1989/1342 (N.I. 13)).

Part 3 Modifications of Employment Rights Act 1996

8 The Employment Rights Act 1996 (“the 1996 Act”) has effect in accordance
with this Part of this Schedule.

9 10The 1996 Act has effect as if after section 47G there were inserted—

“47H Emergency 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) 15the worker took, sought to take, or made use of the benefits
of, emergency volunteering leave under Schedule 6 to the
Coronavirus Act 2020, or

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

(2) 20A 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 6 to the
Coronavirus Act 2020.

(3) Subsection (1) does not apply where the worker is an employee and
25the detriment in question amounts to dismissal within the meaning
of Part 10.”

10 The 1996 Act has effect as if in section 48 (complaints to employment
tribunals)—

(a) after subsection (1B) there were inserted—

“(1C) 30A worker may present a complaint to an employment
tribunal that they have been subjected to a detriment in
contravention of section 47H.”;

(b) in subsection (2), for “or (1B)” there were substituted “, (1B) or (1C)”.

11 The 1996 Act has effect as if in section 49 (remedies)—

(a) 35in subsection (1), for “or (1B)” there were substituted “, (1B) or (1C)”;

(b) after subsection (7) there were inserted—

“(8) Where—

(a) the complaint is made under section 48(1C),

(b) the detriment to which the worker is subjected is the
40termination of their worker’s contract, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that
would be payable under Chapter 2 of Part 10 if the worker

had been an employee and had been dismissed for the reason
specified in section 104H.”

12 The 1996 Act has effect as if in section 88 (pay during period of notice:
employments with normal working hours), in subsection (1)(c), after
“paternity leave” there were inserted “or emergency volunteering leave
5under Schedule 6 to the Coronavirus Act 2020”.

13 The 1996 Act has effect as if in section 89 (pay during period of notice:
employments without normal working hours), in subsection (3)(b), after
“paternity leave” there were inserted “or emergency volunteering leave
under Schedule 6 to the Coronavirus Act 2020”.

14 10The 1996 Act has effect as if after section 104G there were inserted—

“104H Emergency volunteering leave

(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) 15the employee took, sought to take, or made use of the benefits
of, emergency volunteering leave under Schedule 6 to the
Coronavirus Act 2020, or

(b) the employer believed that the employee was likely to take
emergency volunteering leave under that Schedule.

(2) 20An 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 6 to the
Coronavirus Act 2020.”

15 The 1996 Act has effect as if in section 105 (redundancy), after section (7BB)
25there were inserted—

“(7BC) This subsection applies if the reason (or, if more than one, the
principal reason) for which the employee was selected for dismissal
was one of those specified in section 104H.”

16 The 1996 Act has effect as if in section 108(3) (exceptions to qualifying period
30of employment for unfair dismissal), after paragraph (gm) there were
inserted—

“(gn) section 104H applies,”.

17 The 1996 Act has effect as if in section 124(1A) (exceptions to limits on
compensation), after “103A,” there were inserted “104H,”.

18 35The 1996 Act has effect as if in section 203(1)(a) (restrictions on contracting
out), after “this Act” there were inserted “or Schedule 6 to the Coronavirus
Act 2020”.

Part 4 Modifications of Employment Rights (Northern Ireland) Order 1996

19 40The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I.
16)) (“the 1996 Order”) has effect in accordance with this Part of this
Schedule.

20 The 1996 Order has effect as if after Article 70F there were inserted—

“70G Emergency 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
5that—

(a) the worker took, sought to take, or made use of the benefits
of, emergency volunteering leave under Schedule 6 to the
Coronavirus Act 2020, or

(b) the employer believed that the worker was likely to take
10emergency 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 6 to the
Coronavirus Act 2020.

(3) 15Paragraph (1) does not apply where the worker is an employee and
the detriment in question amounts to dismissal within the meaning
of Part 11.”

21 The 1996 Order has effect as if in Article 71 (complaints to industrial
tribunals)—

(a) 20after paragraph (1B) there were inserted—

“(1C) A worker may present a complaint to an industrial tribunal
that they have been subjected to a detriment in contravention
of Article 70G.”;

(b) in paragraph (2), for “or (1B)” there were substituted “, (1B) or (1C)”.

22 25The 1996 Order has effect as if in Article 72 (remedies)—

(a) in paragraph (1), for “or (1B)” there were substituted “, (1B) or (1C)”;

(b) after paragraph (7) there were inserted—

“(8) Where—

(a) the complaint is made under Article 71(1C),

(b) 30the detriment to which the worker is subjected is the
termination of their worker’s contract, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that
would be payable under Chapter 2 of Part 11 if the worker
35had been an employee and had been dismissed for the reason
specified in Article 135G.”

23 The 1996 Order has effect as if in Article 120 (pay during period of notice:
employments with normal working hours), in paragraph (1)(c), after
“paternity leave” there were inserted “or emergency volunteering leave
40under Schedule 6 to the Coronavirus Act 2020”.

24 The 1996 Order has effect as if in Article 121 (pay during period of notice:
employments without normal working hours), in paragraph (3)(b), after
“paternity leave” there were inserted “or emergency volunteering leave
under Schedule 6 to the Coronavirus Act 2020”.

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

“135G Emergency volunteering leave

(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
5principal 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 6 to the
Coronavirus Act 2020, or

(b) the employer believed that the employee was likely to take
10emergency 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 6 to the
Coronavirus Act 2020.”

26 15The 1996 Order has effect as if in Article 137 (redundancy)—

(a) in paragraph (1)(c), for “(7M)” there were substituted “(7N)”;

(b) after paragraph (7M) there were inserted—

“(7N) This paragraph applies if the reason (or, if more than one, the
principal reason) for which the employee was selected for
20dismissal was one of those specified in Article 135G.”

27 The 1996 Order has effect as if in Article 140(3) (exceptions to qualifying
period of employment for unfair dismissal), after sub-paragraph (fk) there
were inserted—

“(fl) Article 135G applies,”.

28 25The 1996 Order has effect as if in Article 158(1A) (exceptions to limits on
compensation), after “135F,” there were inserted “135G,”.

29 The 1996 Order has effect as if in Article 245(1)(a) (restrictions on contracting
out), after “this Order” there were inserted “or Schedule 6 to the Coronavirus
Act 2020”.

30Part 5 General

Application of this Schedule to agency workers

30 (1) This paragraph applies in relation to a worker who is supplied by a person
(an “agent”) to do work for another (a “principal”) under a contract or other
35arrangements made between the agent and the principal.

(2) Where the worker gives notice and a certificate under paragraph 1(2) to the
employer, the employer must as soon as reasonably practicable provide
copies of them—

(a) if the employer is the agent, to any principals to whom the worker
40was to be supplied during the period specified in the certificate,

(b) if the employer is a principal, to the agent, and

(c) if the employer is neither the agent nor a principal, to the agent and
any principals to whom the worker was to be supplied during the
period specified in the certificate.

(3) For the purposes of the provisions mentioned in sub-paragraph (4)
references to the worker’s employer are to be read as including—

(a) the agent, and

(b) any principals to whom the worker was to be supplied during the
5period specified in the certificate,

(where they would not otherwise be the worker’s employer).

(4) The provisions referred to in sub-paragraph (3) are—

(a) in paragraph 9, section 47H (right not to be subjected to detriment by
employer: Great Britain);

(b) 10in paragraph 20, Article 70G (right not to be subjected to detriment
by employer: Northern Ireland).

Interpretation

31 (1) This paragraph applies for the interpretation of this Schedule.

(2) In relation to England and Wales and Scotland, the following terms have the
15meaning given by section 230 of the Employment Rights Act 1996—

• “contract of employment”,

• “employed”,

• “employee”,

• “employer”,

• 20“employment”,

• “worker”,

• “worker’s contract”.

(3) In relation to Northern Ireland, the following terms have the meaning given
by Article 3 of the Employment Rights (Northern Ireland) Order 1996 (S.I.
251996/1919 (N.I. 16))—

• “contract of employment”,

• “employed”,

• “employee”,

• “employer”,

• 30“employment”,

• “worker”,

• “worker’s contract”.

(4) “Emergency volunteering leave” has the meaning given by paragraph 1.

(5) “Health or social care” has the meaning given by section 9 of the Health and
35Social Care Act 2008.

(6) “Week” means any period of 7 consecutive days.

(7) “Working day” means a day other than—

(a) a Saturday or a Sunday,

(b) Christmas Day or Good Friday, or

(c) 40a day which is a bank holiday under the Banking and Financial
Dealings Act 1971 in any part of the United Kingdom.