Section 146 — Equality Act 2010: Declaration in respect of void term, etc.

Declaration in respect of void term, etc. 146 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