Regulation 18 Restrictions on contracting out

to exclude or limit the operation of any provision of these Regulations, save in so far as these Regulations provide for an agreement to have that effect, or

to preclude a person from bringing proceedings under these Regulations before an employment tribunal.

any agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under F1any of sections 18A to 18C of the Employment Tribunals Act 1996 M1 (conciliation); or

any agreement to refrain from instituting or continuing proceedings under regulation 17, if the conditions regulating F2settlement agreements under these Regulations are satisfied in relation to the agreement.

the agreement must be in writing,

the agreement must relate to the particular complaint,

the cross-border 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 the worker's ability to pursue the worker's 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 a professional body, covering the risk of a claim by the cross-border 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 these Regulations are satisfied.

if the person is a qualified lawyer,

if the person 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, or

if the person works at an advice centre (whether as an employee or as 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.

if the person is employed by or is acting in the matter for the employer or an associated employer,

in the case of a person within paragraph (4)(b), if the trade union is the employer or an associated employer, or

in the case of a person within paragraph (4)(c), if the cross-border worker makes a payment for the advice received from the adviser.

as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the Courts and Legal Services Act 1990) M2; and

as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practicing certificate.

one is a company of which the other (directly or indirectly) has control; or

both are companies of which a third person (directly or indirectly) has control;