Section 142 — Unenforceable terms
This version in force from 2010-10-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(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.