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The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998

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This is the original version (as it was originally made).

Compromise agreements

Advice of non-lawyer

10.—(1) In each of the provisions specified in paragraph (2) (which provide that, for a compromise agreement to be valid, independent legal advice must have been received from a qualified lawyer), for “independent legal advice from a qualified lawyer” there shall be substituted “advice from a relevant independent adviser”.

(2) The provisions referred to in paragraph (1) are—

(a)Article 77(4A)(c) of the [1976 NI 15.] Sex Discrimination (Northern Ireland) Order 1976;

(b)Article 146(4)(c) of the [1995 NI 12.] Trade Union and Labour Relations (Northern Ireland) Order 1995;

(c)section 9(3)(a) of the [1995 c. 50.] Disability Discrimination Act 1995;

(d)Article 245(3)(c) of the [1996 NI 16.] Employment Rights (Northern Ireland) Order 1996; and

(e)Article 68(7)(c) of the [1997 NI 6.] Race Relations (Northern Ireland) Order 1997.

Indemnity cover

11.—(1) In each of the provisions specified in paragraph (2) (which provide that, for a compromise agreement to be valid, there must have been in force a policy of insurance covering the risk of a claim against the person who provided the advice about the agreement), for “policy of insurance” there shall be substituted “contract of insurance, or an indemnity provided for members of a profession or professional body,”.

(2) The provisions referred to in paragraph (1) are—

(a)Article 77(4A)(d) of the [1976 NI 15.] Sex Discrimination (Northern Ireland) Order 1976;

(b)Article 146(4)(d) of the [1995 NI 12.] Trade Union and Labour Relations (Northern Ireland) Order 1995;

(c)section 9(3)(b) of the [1995 c. 50.] Disability Discrimination Act 1995;

(d)Article 245(3)(d) of the [1996 NI 16.] Employment Rights (Northern Ireland) Order 1996; and

(e)Article 68(7)(d) of the [1997 NI 6.] Race Relations (Northern Ireland) Order 1997;

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