57 Right of employee not to be unfairly dismissed

57  Right of employee not to be unfairly dismissed

(1)     The Employment Rights Act 1996 (c 18) is amended as follows.

(2)     After section 104C (flexible working) insert—

“104D Pension enrolment

(1)     An employee who is dismissed shall 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—

(a)     any action was taken, or was proposed to be taken, with a view to enforcing in favour of the employee a requirement to which this section applies;

(b)     the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken

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