Schedule A1, Part VIII, paragraph 157(3)

For the purposes of sub-paragraph (2), in the absence of evidence establishing the contrary an employer must be taken to decide on a failure to act— when he does an act inconsistent with doing the failed act, or if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

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Source: legislation.gov.uk · retrieved 2026-09-04