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Chapter 3
Penalisation and hindering of employees
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Protection of employees from penalisation
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127. (1) An employer shall not penalise or threaten penalisation of an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for participating or proposing to participate in the automatic enrolment retirement savings system.
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(2) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the employee in respect of that penalisation both under this Act and under those Acts.
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(3) In this section, “penalisation” means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment and, without prejudice to the generality of the foregoing, includes—
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(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal,
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(b) demotion or loss of opportunity for promotion or withholding of promotion,
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(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,
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(d) the imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty),
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(e) coercion or intimidation, harassment or ostracism,
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(f) discrimination, disadvantage or unfair treatment,
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(g) injury, damage or loss,
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(h) threat of reprisal,
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(i) withholding of training,
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(j) a negative performance assessment or employment reference,
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(k) failure to convert a temporary employment contract into a permanent one, where the employee had a legitimate expectation that he or she would be offered permanent employment, and
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(l) failure to renew or early termination of a temporary employment contract.
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(4) In this section, “employer”, in a case where emoluments are paid on behalf of another person, includes a reference to that other person.
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