Part IIEmployment
Enforcement etc.
9Validity of certain agreements
1
Any term in a contract of employment or other agreement is void so far as it purports to—
a
require a person to do anything which would contravene any provision of, or made under, this Part;
b
exclude or limit the operation of any provision of this Part; or
c
prevent any person from presenting a complaint to an industrial tribunal under this Part.
2
Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if—
a
a conciliation officer has acted under paragraph 1 of Schedule 3 in relation to the matter; or
b
the conditions set out in subsection (3) are satisfied.
3
The conditions are that—
a
the complainant must have received independent legal advice from a qualified lawyer as to the terms and effect of the proposed agreement (and in particular its effect on his ability to pursue his complaint before an industrial tribunal);
b
when the adviser gave the advice there must have been in force a policy of insurance covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; and
c
the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.
4
In this section—
“independent”, in relation to legal advice to the complainant, means that it is given by a lawyer who is not acting for the other party or for a person who is connected with that other party; and
“qualified lawyer” means—
- a
as respects proceedings in England and Wales, a barrister (whether in practice as such or employed to give legal advice) or a solicitor of the Supreme Court who holds a practising certificate; and
- b
as respects proceedings in Scotland, an advocate (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.
- a
5
For the purposes of subsection (4), any two persons are to be treated as connected if—
a
one is a company of which the other (directly or indirectly) has control, or
b
both are companies of which a third person (directly or indirectly) has control.