Employment Protection (Consolidation) Act 1978

Contracting out of provisions of ActU.K.

140 Restrictions on contracting out.E+W+S

(1)Except as provided by the following provisions of this section, any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—

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

(b)to preclude any person from presenting a complaint to, or bringing any proceedings under this Act before, an industrial tribunal.

(2)Subsection (1) shall not apply—

(a)to any provision in a collective agreement excluding rights under section 12 if an order under section 18 is for the time being in force in respect of it;

(b)

F1(c)to any provision in a dismissal procedures agreement excluding rights under section 54 if that provision is not to have effect unless an order under section 65 is for the time being in force in respect of it;

(d)to any agreement to refrain from presenting a complaint under section 67, where in compliance with a request under section 134(3) a conciliation officer has taken action in accordance with that subsection;

(e)to any agreement to refrain from proceeding with a complaint presented under section 67 where a conciliation officer has taken action in accordance with section 134(1) and (2);

(f)to any provision in an agreement if an order under section 96 is for the time being in force in respect of it;

(g)to any agreement to refrain from instituting or continuing any proceedings before an industrial tribunal where a conciliation officer has taken action in accordance with section 133(2) or (3);

(h)to any provision of an agreement relating to dismissal from employment such as is mentioned in section 142(1) or (2).

Textual Amendments