Section 142 — Equality Act 2010: Unenforceable terms

Unenforceable terms 142 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.