Section 45(10)

For the purposes of subsection (9)— and, in the absence of evidence establishing the contrary, an employer shall 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. where an act extends over a period, the “date of the act” means the first day of that period, and a deliberate failure to act shall be treated as done when it was decided on;

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