Section 148 Consideration of complaint.

England, Wales and Scotland

(1)

On a complaint under section 146 it shall be for the employer to show F1what was the sole or main purpose for which F2he acted or failed to act

(2)

In determining any question whether F3the employer acted or failed to act, or the purpose for which he did so, no account shall be taken of any pressure which was exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.

(3)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

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(5)

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Annotations

Textual amendments

F1: Words in s. 148(1) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 9; S.I. 2004/2566, art. 3(b) (with arts. 4-8)
F2: Words in s. 148(1) substituted (25.10.1999) by 1999 c. 26, s. 2, Sch. 2 paras. 1, 4(1)(2); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 1)
F3: Words in s. 148(2) substituted (25.10.1999) by 1999 c. 26, s. 2, Sch. 2 para. 4(3); S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. I (with Sch. 3 para. 1)
F4: S. 148(3)-(5) repealed (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 31(5), 57(2), 59(2)-(4), Sch. 2; S.I. 2004/2566, art. 3(b)(c) (with arts. 4-8)

Notes on Detriment

Textual amendments

F1: Words in cross-heading substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 30(7), 59(2)-(4); S.I. 2004/2566), art. 3 (with arts. 4-8)