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Equality Act 2010

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Prospective

Contracts and other agreementsE+W+S

142Unenforceable termsE+W+S

(1)A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

(2)A relevant non-contractual term is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act, in so far as this Act relates to disability.

(3)A relevant non-contractual term is a term which—

(a)is a term of an agreement that is not a contract, and

(b)relates to the provision of an employment service within section 56(2)(a) to (e) or to the provision under a group insurance arrangement of facilities by way of insurance.

(4)A reference in subsection (1) or (2) to treatment of a description prohibited by this Act does not include—

(a)a reference to the inclusion of a term in a contract referred to in section 70(2)(a) or 76(2), or

(b)a reference to the failure to include a term in a contract as referred to in section 70(2)(b).

(5)Subsection (4) does not affect the application of section 148(2) to this section.

143Removal or modification of unenforceable termsE+W+S

(1)A county court or the sheriff may, on an application by a person who has an interest in a contract or other agreement which includes a term that is unenforceable as a result of section 142, make an order for the term to be removed or modified.

(2)An order under this section must not be made unless every person who would be affected by it—

(a)has been given notice of the application (except where notice is dispensed with in accordance with rules of court), and

(b)has been afforded an opportunity to make representations to the county court or sheriff.

(3)An order under this section may include provision in respect of a period before the making of the order.

144Contracting outE+W+S

(1)A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

(2)A relevant non-contractual term (as defined by section 142) is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act, in so far as the provision relates to disability.

(3)This section does not apply to a contract which settles a claim within section 114.

(4)This section does not apply to a contract which settles a complaint within section 120 if the contract—

(a)is made with the assistance of a conciliation officer, or

(b)is a qualifying compromise contract.

(5)A contract within subsection (4) includes a contract which settles a complaint relating to a breach of an equality clause or rule or of a non-discrimination rule.

(6)A contract within subsection (4) includes an agreement by the parties to a dispute to submit the dispute to arbitration if—

(a)the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and

(b)the agreement is to submit the dispute to arbitration in accordance with the scheme.

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