Section 288 Restriction on contracting out.C1

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

to preclude a person from bringing—

the agreement must be in writing;

the agreement must relate to the particular F8proceedings;

the complainant must have received F9advice 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 F10contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant 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.

to such an agreement as is referred to in section 185(5)(b) or (c) to the extent that it varies or supersedes an award under that section;

to any provision in a collective agreement excluding rights under Chapter II of Part IV (procedure for handling redundancies), if an order under section 198 is in force in respect of it.

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, is employed by or is acting in the matter for the other party or a person who is connected with the other party,

in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,

in the case of a person within subsection (4)(c), if the complainant 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 (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

as respects England and Wales, F12a 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.

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.

shall be regarded for the purposes of subsections (2) and (2A) as being an agreement to refrain from instituting or continuing proceedings if—

shall be regarded for those purposes as neither being nor including such an agreement in any other case.