(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being—
(a) an employee representative for the purposes of Chapter II of Part IV of the Trade Union and Labour Relation (Consolidation) Act 1992 (redundancies) or [regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006], or
(b) a candidate in an election in which any person elected will, on being elected, be such an employee representative,
he performed (or proposed to perform) any functions
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