PART VIPROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENT

CHAPTER IRIGHTS NOT TO SUFFER DETRIMENT

Employee representatives70

1

An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being—

a

an employee representative for the purposes of Part XIII of this Order orF1regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006F2 or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006, or

b

a candidate in an election in which any person elected will, on being elected, be such an employee representative,

he performed (or proposed to perform) any functions or activities as such an employee representative or candidate.

F31A

An employee has the right not to be subjected to any detriment by any act, or by any deliberate failure to act, by his employer done on the ground of his participation in an election of employee representatives for the purposes of Part XIII of this Order or F4regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006F5or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006 .

2

F6. . . this Article does not apply where the detriment in question amounts to a dismissal (within the meaning ofF6 Part XI).