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Equality Act 2010

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Equality Act 2010, Section 146 is up to date with all changes known to be in force on or before 24 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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146Declaration in respect of void term, etc.E+W+S

This section has no associated Explanatory Notes

(1)A qualifying person (P) may make a complaint to an employment tribunal that a term is void, or that a rule is unenforceable, as a result of section 145.

(2)But subsection (1) applies only if—

(a)the term or rule may in the future have effect in relation to P, and

(b)where the complaint alleges that the term or rule provides for treatment of a description prohibited by this Act, P may in the future be subjected to treatment that would (if P were subjected to it in present circumstances) be of that description.

(3)If the tribunal finds that the complaint is well-founded, it must make an order declaring that the term is void or the rule is unenforceable.

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

(5)In the case of a complaint about a term of a collective agreement, where the term is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column.

Description of person who made collective agreementQualifying person
EmployerA person who is, or is seeking to be, an employee of that employer
Organisation of employersA person who is, or is seeking to be, an employee of an employer who is a member of that organisation
Association of organisations of employersA person who is, or is seeking to be, an employee of an employer who is a member of an organisation in that association

(6)In the case of a complaint about a rule of an undertaking, where the rule is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column.

Description of person who made rule of undertakingQualifying person
EmployerA person who is, or is seeking to be, an employee of that employer
Trade organisation or qualifications bodyA person who is, or is seeking to be, a member of the organisation or body
A person upon whom the body has conferred a relevant qualification
A person seeking conferment by the body of a relevant qualification

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