Commentary on Sections Part 1: Pension scheme membership for jobholders Chapter 3: Safeguards: Employment and pre-employment Section 55: The right not to suffer detrimentSection 56: Enforcement of the right
134.Section 55 provides a statutory right for workers not to be subjected to any detriment by an act done on specified grounds. For example, this right would protect a worker who might have been denied promotion or training opportunities because of their decision not to opt out of pension scheme membership
135.Subsection (4) provides that if the detriment in question amounts to dismissal, this section does not apply.
136.Section 56 provides that workers have a right to bring claims that they have been subjected to a detriment to an employment tribunal. If the tribunal upholds a claim, it can make an award of compensation to be paid by the employer to the worker.