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Trade Union and Labour Relations Act 1974

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This is the original version (as it was originally enacted).

Restrictions on contracting out[Section 161]

32(1)Except as provided by sub-paragraph (2) below, any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—

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

(b)to preclude any person from presenting a complaint to or bringing any proceedings before an industrial tribunal under this Act.

(2)Sub-paragraph (1) above shall not apply—

(a)to any union membership agreement;

(b)to any provision of an agreement relating to dismissal from employment such as is mentioned in paragraph 12(b) above;

(c)to any provision in a dismissal procedures agreement excluding rights under paragraph 4 above if that provision is not to have effect unless an order under paragraph 13 above is for the time being in force in respect of it;

(d)to any agreement to refrain from presenting a complaint under paragraph 17 above, where in compliance with a request under paragraph 26(4) above a conciliation officer has taken action in accordance with that sub-paragraph;

(e)to any agreement to refrain from proceeding with a complaint presented under paragraph 17 above where a conciliation officer has taken action in accordance with paragraph 26(2) and (3) above.

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