Section 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.