Section 98B(2)

Subsection (1) does not apply in relation to an employee who is dismissed if the employer shows— that the circumstances were such that the employee’s absence in pursuance of being so summoned was likely to cause substantial injury to the employer’s undertaking, that the employer brought those circumstances to the attention of the employee, that the employee refused or failed to apply to the appropriate officer for excusal from or a deferral of the obligation to attend in pursuance of being so summoned, and that the refusal or failure was not reasonable.

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Source: legislation.gov.uk · retrieved 2026-09-04