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8. In sections 44(1) (health and safety cases: right not to suffer detriment) and 100(1) (health and safety cases: unfair dismissal) of the Employment Rights Act 1996(1), after paragraph (b) insert—
“(ba)the employee took part (or proposed to take part) in consultation with the employer pursuant to the Health and Safety (Consultation with Employees) Regulations 1996 or in an election of representatives of employee safety within the meaning of those Regulations (whether as a candidate or otherwise),”.