Part 10Contracts, etc.
Collective agreements and rules of undertakings
145Void and unenforceable terms
1
A term of a collective agreement is void in so far as it constitutes, promotes or provides for treatment of a description prohibited by this Act.
2
A rule of an undertaking is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of the person that is of a description prohibited by this Act.
146Declaration in respect of void term, etc.
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 agreement | Qualifying person |
|---|---|
Employer | A person who is, or is seeking to be, an employee of that employer |
Organisation of employers | A person who is, or is seeking to be, an employee of an employer who is a member of that organisation |
Association of organisations of employers | A 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 undertaking | Qualifying person |
|---|---|
Employer | A person who is, or is seeking to be, an employee of that employer |
Trade organisation or qualifications body | A 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 |