A person shall not refuse to deal with a supplier or prospective supplier of goods or services if the ground or one of the grounds for his action is that the person against whom it is taken does not, or is not likely to—
recognise one or more trade unions for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or
negotiate or consult with, or with an official of, one or more trade unions.
A person refuses to deal with a person if—
where he maintains (in whatever form) a list of approved suppliers of goods or services, or of persons from whom tenders for the supply of goods or services may be invited, he fails to include the name of that person in that list; or
in relation to a proposed contract for the supply of goods or services—
he excludes that person from the group of persons from whom tenders for the supply of the goods or services are invited, or
he fails to permit that person to submit such a tender; or
he otherwise determines not to enter into acontract with that person for the supply of the goods or services. or
he terminates a contract with that person for the supply of goods or services.
The obligation to comply with this section is a duty owed to the person with whom there is a refusal to deal and to any other person who may be adversely affected by its contravention; and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).