Member

441E: After Clause 213, insert the following new Clause— “Liability for use of force: detriment and dismissal(1) The Employment Rights Act 1996 is amended as follows.(2) After section 47G (employee shareholder status) insert—“47H Use of forceAn employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee—(a) in accordance with, or(b) in a way which would have been unlawful were it not for,section 3 of the Criminal Law Act 1967 (use of force in making arrest).”(3) In section 48 (complaints to employment tribunals), in subsection (1) for “or 47G” substitute “47G or 47H”.(4) After section 107 (pressure on employer to dismiss unfairly) insert—“107A Use of forceAn employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee acted—(a) in accordance with, or(b) in a way which would have been unlawful were it not for,section 3 of the Criminal Law Act 1967 (use of force in making arrest).””