The Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006

12.—(1) For the purposes of paragraph 11(3) the conditions regulating compromise agreements are that—

(a) the agreement must be in writing;

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

(c) the employee must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, its effect on his ability to pursue his rights before an industrial tribunal;

(d) there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or a professional body, covering the risk of a claim by the employee in respect of loss arising in consequence of the advice;

(e) the agreement must identify the adviser, and

(f) the agreement must state that the conditions in heads (a) to (e) are satisfied.

(2) A person is a relevant independent adviser for the purposes of sub-paragraph (1)(c) if he—

(a) is a qualified lawyer;

(b) is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union, or

(c) works at an advice centre (whether as an employee or as a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre.

(3) A person is not a relevant independent adviser for the purposes of sub-paragraph (1)(c)—

(a) if he is, is employed by or is acting in the matter for the employer or an associated employer;

(b) in the case of a person within sub-paragraph (2)(b) or (c), if the trade union or advice centre is the employer or an associated employer, or

(c) in the case of a person within sub-paragraph (2)(c), if the employee makes a payment for the advice received from him.

(4) In sub-paragraph (2)(a) “qualified lawyer” means a barrister (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.

(5) In this paragraph—

(a) “independent trade union” has the same meaning as in Article 2(2) of the Industrial Relations (Northern Ireland) Order 1992(1) (interpretation), and

(b) for the purposes of sub-paragraph (3) any two employers shall be treated as associated if—

(i) one is a company of which the other (directly or indirectly) has control, or

(ii) both are companies of which a third person (directly or indirectly) has control,

and “associated employer” shall be construed accordingly.

(1)

S.I. 1992/807 (N.I. 5)