288 Restriction on contracting out
Trade Union and Labour Relations (Consolidation) Act 1992 (1992 c 52) | Legislation

Contracting out, &c

288  Restriction on contracting out

(1)     Any provision in an agreement (whether a contract of employment 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—

(i)     proceedings before an [employment tribunal] or the Central Arbitration Committee under any provision of this Act, . . .

(ii)     . . ..

(2)     Subsection (1) does not apply to an agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under [[any of sections 18A to 18C] of [the Employment Tribunals Act 1996] (conciliation)].

[(2A)     Subsection (1) does not apply to an agreement to refrain from instituting or continuing any proceedings, other than excepted proceedings, specified in [subsection (1)(b) of that section] before an [employment tribunal] if the conditions regulating [settlement] agreements under this Act are satisfied in relation to the agreement.

(2B)     The conditions regulating [settlement] agreements under this Act are that—

(a)     the agreement must be in writing;

(b)     the agreement must relate to the particular [proceedings];

(c)     the complainant must have received [advice from a relevant independent adviser] as to the

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