Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports—
to exclude or limit the operation of any provision of this Act, or
to preclude a person from bringing any proceedings under this Act before an employment tribunal.
Subsection (1)—
does not apply to any provision in a collective agreement excluding rights under section 28 if an order under section 35 is for the time being in force in respect of it,
does not apply to any provision in a dismissal procedures agreement excluding the right under section 94 if that provision is not to have effect unless an order under section 110 is for the time being in force in respect of it,
does not apply to any provision in an agreement if an order under section 157 is for the time being in force in respect of it,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
does not apply to any agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under any of sections 18A to 18C of the Employment Tribunals Act 1996, and
does not apply to any agreement to refrain from instituting or continuing . . . any proceedings within
For the purposes of subsection (2)(f) the conditions regulating settlement agreements under this Act are that—
the agreement must be in writing,
the agreement must relate to the particular proceedings,
the employee or worker 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 employment tribunal,
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 professional body, covering the risk of a claim by the employee or worker in respect of loss arising in consequence of the advice,
the agreement must identify the adviser, and
the agreement must state that the conditions regulating settlement agreements under this Act are satisfied.
A person is a relevant independent adviser for the purposes of subsection (3)(c)—
if he is a qualified lawyer,
if he 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,
if he works at an advice centre (whether as an employee or 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, or
if he is a person of a description specified in an order made by the Secretary of State.
But a person is not a relevant independent adviser for the purposes of subsection (3)(c) in relation to the employee or worker—
if he is, is employed by or is acting in the matter for the employer or an associated employer,
in the case of a person within subsection (3A)(b) or (c), if the trade union or advice centre is the employer or an associated employer,
in the case of a person within subsection (3A)(c), if the employee or worker makes a payment for the advice received from him, or
in the case of a person of a description specified in an order under subsection (3A)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
In subsection (3A)(a) " qualified lawyer " means—
as respects England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and
as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
An agreement under which the parties agree to submit a dispute to arbitration—
shall be regarded for the purposes of subsection (2)(e) and (f) as being an agreement to refrain from instituting or continuing proceedings if—
the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and
the agreement is to submit it to arbitration in accordance with the scheme, but
shall be regarded as neither being nor including such an agreement in any other case.