the tethering detection is mostly based on APN settings
if three DPI Thinks you're tethering you get a Netspeed of under 1mb/s but no block (depends on the load of the local mast and if your on PAYG or contract) this applies to mostly Any Unbranded phone with a Three sim in it (the tethering allowance will not move be it PAYG or contract)
if you have a Three Branded phone the phones are norm setup to have 2 APNs, 1 for mobile and 1 for USB/Hotspot tethering (instant can't tether page on PAYG unless you buy an add on If using a Three branded phone,also data used on the mobile phone should not use the Tethering data up as its on a separate APN on the phone)
o2 uses IP based tethering detection (so using torrent without a VPN active can set off the tethering detection as there could be Peers in the swarm that only a windows or games console would normally connect to, happens a lot on giffgaff users who uses O2 tethering detection)