Restrictions on contracting out

Any attempt to limit or exclude the regulations’ requirements by agreement, whether through an employee’s contract or not, is prevented (although there is scope for conciliation, see below). That includes trying to stop someone from enforcing the regulations through the CAC or Employment Appeal Tribunal (regulation 39).

However, there are two exceptions. Firstly, there can be an agreement not to continue enforcement proceedings where they have been started (regulation 39).

Secondly, as is standard in this area of employment law, there can be an agreement to refrain from employment tribunal proceedings over the protection of reps and employees (regulation 40) where aconciliation officer has taken action, or a written “settlement agreement” (formerly known as a “compromise agreement”) has been reached. A settlement agreement is only valid if the individual concerned has received advice from a qualified lawyer or a certified trade union official or advice worker.