(1) A relevant company shall not penalise -

(a) a member of the special negotiating body,

(b) a member of the representative body,

(c) an employees' representative performing functions under these Regulations, or

(d) an employees' representative in the supervisory or administrative organ of a resulting company who is an employee of that company 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 that person -

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