Section 49 Restrictions on contracting out.C1C2I1C3

to exclude or limit the operation of any provision of this Act; or

to preclude a person from bringing proceedings under this Act before an employment tribunal.

F1any of sections 18A to 18C of the M1Employment Tribunals Act 1996 (conciliation), or

in relation to Northern Ireland, F2any of Articles 20A to 20C of the M2Industrial Tribunals (Northern Ireland) Order 1996.

F3section 18(1)(c) of the M3Employment Tribunals Act 1996 (proceedings under or by virtue of this Act where conciliation is available), or

in relation to Northern Ireland, Article 20(1)(cc) of the M4Industrial Tribunals (Northern Ireland) Order 1996,

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 a 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.

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.

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

in the case of a person within subsection (5)(b) or (c) above, if the trade union or advice centre is the employer or an associated employer,

in the case of a person within subsection (5)(c) above, 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 (5)(d) above, if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

as regards 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);

as respects Scotland—

as respects Northern Ireland—

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;

subsection (4)(c) above shall have effect as if for “advice from a relevant independent adviser” there were substituted “ independent legal advice from a qualified lawyer ”; and

subsection (4)(d) above shall have effect as if for “contract of insurance, or an indemnity provided for members of a profession or a professional body,” there were substituted “ policy of insurance ”.