It is unlawful for an employment agency to refuse a person any of its services—
A person who is thus unlawfully refused any service of an employment agency has a right of complaint to an employment tribunal.
Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).
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.
A person shall be taken to be refused a service if he seeks to avail himself of it and the agency—
Where a person is offered a service on terms which include a requirement that he is, or is not, a member of a trade union, or any such requirement as is mentioned in subsection (1)(b), and he does not accept the offer because he does not satisfy or, as the case may be, is unwilling to accept that requirement, he shall be treated as having been refused the service for that reason.