70.—(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 or[F1regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006][F2 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.
[F3(1A) 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 2006][F5or 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 of[F6 Part XI]).
F1Words in art. 70(1)(a) substituted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20(3), Sch. 2 para. 11(a) (with reg. 21(1), Sch. 1 para. 3)
F2Words in art. 70(1)(a) inserted (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 20(1), Sch. 1 para. 2(a)
F3SR 1999/432
F4Words in art. 70(1A) substituted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20(3), Sch. 2 para. 11(a) (with reg. 21(1), Sch. 1 para. 3)
F5Words in art. 70(1A) inserted (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 20(1), Sch. 1 para. 2(a)