49 Restrictions on contracting out
National Minimum Wage Act 1998 (1998 c 39) | Legislation

49  Restrictions on contracting out

(1)     Any provision in any agreement (whether a worker's contract or not) is void in so far as it purports—

(a)     to exclude or limit the operation of any provision of this Act; or

(b)     to preclude a person from bringing proceedings under this Act before an employment tribunal.

(2)     Subsection (1) above does not apply to any agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under—

(a)     [any of sections 18A to 18C] of the Employment Tribunals Act 1996 (conciliation), or

(b)     in relation to Northern Ireland, Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996.

(3)     Subsection (1) above does not apply to any agreement to refrain from instituting or continuing before an employment tribunal any proceedings within—

(a)     [section 18(1)(c)] of the Employment Tribunals Act 1996 (proceedings under or by virtue of this Act where conciliation is available), or

(b)     in relation to Northern Ireland, Article 20(1)(cc) of the Industrial Tribunals (Northern Ireland) Order 1996,

if the conditions regulating [settlement] agreements under this Act are satisfied in relation to the agreement.

(4)     For the purposes of subsection (3) above the conditions regulating [settlement]

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