(1) A relevant undertaking or an SE shall not penalise -

(a) a member of the special negotiating body,

(b) a member of the representative body,

(c) an employee's representative performing functions under an information and consultation procedure, or

(d) an employee's representative in the supervisory or administrative organ of an SE who is an employee of the SE, its subsidiaries or establishments or of a participating company,

for the performance of his or her functions in accordance with these Regulations.

(2) For the purposes of this Regulation, a person referred to in paragraph (1) is penalised if he or she -

(a) is dismissed or suffers any unfavourable change to his or her conditions of employment or any unfair treatment (including selection for redundancy), or

(b) is the subject of any other action prejudicial to his or her employment.

(3) Schedule 2 has effect in relation to an alleged contravention of paragraph (1).