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(1)Nothing in section 13 of the 1974 Act shall prevent an act being actionable in tort in any case where a person induces, or attempts to induce, another—
(a)to incorporate in a contract to which that other person is a party, or proposed contract to which that other person intends to be a party, any term or condition which is, or would be, void by virtue of section 12(1) or 13(1) of this Act; or
(b)to contravene section 12(2) or 13(2);
and the act constitutes, or is one of a number of acts which together constitute, the inducement or attempted inducement.
(2)Nothing in section 13 of the 1974 Act shall prevent an act which interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have such an effect, being actionable in tort in any case where subsection (3) below is satisfied and one of the facts relied upon for the purpose of establishing liability is that any person has—
(a)induced another to break a contract of employment or interfered or induced another to interfere with its performance; or
(b)threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance.
[F1(3)This subsection is satisfied if—
(a)the supplier of the goods or services is not the employer under the contract of employment mentioned in subsection (2) above; and
(b)the reason, or one of the reasons, for which the act is done is the fact or belief that the supplier does not, or that the supplier might not, recognise, negotiate or consult as mentioned in section 13.]
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