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 trustee of a relevant occupational pension scheme which relates to his employment, the employee performed (or proposed to perform) any functions as such a trustee.

F1. . .this section does not apply where the detriment in question amounts to dismissal (within the meaning of F2Part X).

This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).

In this section “relevant occupational pension scheme” means an occupational pension scheme (as defined in section 1 of the M1Pension Schemes Act 1993) established under a trust.