146 Declaration in respect of void term, etc
146 Declaration in respect of void term, etc
Equality Act 2010 | Legislation

(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.