Textual Amendments
F1Words 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)
(1)On a complaint under section 146 it shall be for the employer to show [F2what was the sole or main purpose] for which [F3he acted or failed to act]
(2)In determining any question whether [F4the 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)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words 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)
F3Words 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)
F4Words 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)
F5S. 148(3)-(5) repealed (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 31(5), 57(2), 59(2)-(4), Sch. 2; S.I. 2004/2566, art. 3(b)(c) (with arts. 4-8)