Trade Union Reform and Employment Rights Act 1993

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

4 In section 288 of the 1992 Act (restrictions on contracting out)—

(a) after subsection (2) there shall be inserted—

“(2A) Subsection (1) does not apply to an agreement to refrain from instituting or continuing any proceedings, other than excepted proceedings, specified in section 290 before an industrial tribunal if the conditions regulating compromise agreements under this Act are satisfied in relation to the agreement.

(2B) The conditions regulating compromise agreements under this Act are that—

(a) the agreement must be in writing;

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

(c) 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 rights before an industrial tribunal;

(d) there must be in force, when the adviser gives the advice, a policy of insurance covering the risk of a claim by the complainant 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 regulating compromise agreements under this Act are satisfied.

(2C) The proceedings excepted from subsection (2A) are proceedings on a complaint of non-compliance with section 188.”; and

(b) after subsection (3) there shall be inserted—

“(4) In subsection (2B)—

• “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—

  (i)

  a barrister, whether in practice as such or employed to give legal advice, or

  (ii)

  a solicitor of the Supreme Court who holds a practising certificate;

  (b)

  as respects proceedings in Scotland—

  (i)

  an advocate, whether in practice as such or employed to give legal advice, or

  (ii)

  a solicitor who holds a practising certificate.

(5) For the purposes of subsection (4) any two persons are to be treated as “connected” if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control.”.