Trade Union and Labour Relations (Consolidation) Act 1992

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 industrial tribunal or the Central Arbitration Committee under any provision of this Act, or

(ii) an application to the Employment Appeal Tribunal under section 67 (remedy for infringement of right not to be unjustifiably disciplined) or section 176 (compensation for unreasonable exclusion or expulsion).

(2) Subsection (1) does not apply to an agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under—

(a) section 133(2) or (3) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (general provisions as to conciliation), or

(b) section 134(1), (2) or (3) of that Act (conciliation in case of unfair dismissal).

(3) Subsection (1) does not apply—

(a) to such an agreement as is referred to in section 185(5)(b) or (c) to the extent that it varies or supersedes an award under that section;

(b) to any provision in a collective agreement excluding rights under Chapter II of Part IV (procedure for handling redundancies), if an order under section 198 is in force in respect of it.