Section 46 — Employment Rights Act 1996: Trustees of occupational pension schemes.

Trustees of occupational pension schemes. 46 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 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. 2 . . .this section does not apply where the detriment in question amounts to dismissal (within the meaning of Part X ). 2A 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).

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