Section 236B(3)

For the purposes of subsection (2), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act— when the employer does an act inconsistent with doing the failed act, or if the employer has done no such inconsistent act, when the period expires within which the employer 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