Part 10 Contracts, Etc (ss 142-148)
Part 10 Contracts, Etc (ss 142-148)
Equality Act 2010 | Legislation

142 Unenforceable terms

(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.


143 Removal or modification of unenforceable terms

(1)     [The 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.

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