Commentary Extension of protection against detriment for union membership etc.
221.Section 30. Section 146 of the 1992 Act (detriment on grounds related to union membership or activities) currently confers rights only on employees, that is to say, individuals who are working under a contract of employment or, where the employment has ceased, were doing so.
222.The effect of section 30 is to extend the rights conferred by section 146 to “workers”. Subsection (8) inserts into section 151 the same definitions of “worker” and “employer” as are used for the purposes of sections 145A to 145E (see paragraph 219 above).
223.Subsections (1) to (5) amend section 146 of the 1992 Act to substitute the term “worker” for the term “employee” and ensure that the section works properly in relation to circumstances where the individual is a worker but not an employee.
224.Subsection (6) inserts a new subsection (5A) into section 146 providing that the section does not apply where the worker (that is the worker mentioned in subsection (1), (2C) or (3) of section 146) is an employee and the detriment he suffers is dismissal. The reason is that where an employee is dismissed for reasons that correspond to the grounds mentioned in section 146 he is able to claim unfair dismissal under section 152 of the 1992 Act (which section 32 amends to cover dismissal for use of union services or the refusal of an offer infringing new section 145A or 145B).