Section 138(3)

Where an advertisement is published which indicates, or might reasonably be understood as indicating— a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks to avail himself of and is refused that service, shall be conclusively presumed to have been refused it for that reason. that any service of an employment agency is available only to a person who is, or is not, a member of a trade union, or that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to a service to which the advertisement relates,

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