Part 10Contracts, etc.

Contracts and other agreements

144Contracting out

1

A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

2

A relevant non-contractual term (as defined by section 142) is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act, in so far as the provision relates to disability.

3

This section does not apply to a contract which settles a claim within section 114.

4

This section does not apply to a contract which settles a complaint within section 120 if the contract—

a

is made with the assistance of a conciliation officer, or

b

is a qualifying F1settlement agreement .

5

A contract within subsection (4) includes a contract which settles a complaint relating to a breach of an equality clause or rule or of a non-discrimination rule.

6

A contract within subsection (4) includes an agreement by the parties to a dispute to submit the dispute to arbitration if—

a

the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and

b

the agreement is to submit the dispute to arbitration in accordance with the scheme.