(1) Subject to subsection (2), an organization of employers which comprises employers and has as its principal objective or one of its principal objectives, affording its employees access to training facilities or for any other person recognized as providing facilities for training for employment or occupation shall not discriminate on the grounds set out in section 267(2) against a person who is seeking or undergoing technical vocational training which would help to make that person fit for any kind of employment or occupation—
(a) in the arrangements made for the purpose of determining who should be offered training;
(b) in the terms and conditions on which that person is afforded access to training courses or other facilities and services including vocational counselling and guidance;
(c) by refusing or deliberately omitting to afford access as in paragraph (b) to that person; or
(d) by terminating that person's training.
(2) It is not unlawful under subsection (1) to give preference to nationals above non-nationals.
(3) An organization of employers that contravenes subsection (1) is liable for damages on successful complaint to the Tribunal and the Tribunal may order the person to rectify the offending act in addition to the award for damages.
(4) The burden of proving that subsection (1) was not contravened lies on the organization of employers.