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12.—(1) Any provision in any agreement (whether an employee’s contract or not) is void in so far as it purports—
(a)to exclude or limit the operation of any provision of this Schedule, or
(b)to preclude a person from bringing any proceedings before an employment tribunal under this Schedule.
(2) Sub-paragraph (1) does not apply to any agreement to refrain from instituting or continuing proceedings before an employment tribunal where a conciliation officer has taken action under section 18 of the Employment Tribunals Act 1996 (conciliation).
(3) Sub-paragraph (1) does not apply to any agreement to refrain from instituting or continuing before an employment tribunal proceedings within section 18(1) of the Employment Tribunals Act 1996 (which specifies proceedings under these Regulations as being proceedings where conciliation is available(1)) if the conditions specified in paragraph 13 regulating compromise agreements are satisfied in relation to the agreement.
See amendment of section 18(1) in paragraph 9 of the Schedule to these Regulations.
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