Prohibited terms in employment contracts

Posted in : Essential Guide to Employment Contracts on 19 September 2016
Kiera Lee
Mills Selig
Issues covered:

Generally speaking prohibited contract terms are those prohibited by the Employment Rights (Northern Ireland) Order (as amended) (the ERO) and those which are otherwise illegal.

Prohibition by the ERO

Article 245 of the ERO prohibits the use of terms in an employment contract which have the effect of excluding employment or limiting statutory employment rights. Such clauses will be void subject to certain exceptions – limited provisions of a collective agreement, an agreement reached with use of a (LRA) conciliation officer or a compromise agreement (provided statutory conditions are met).

Any term which attempts to prevent an employee from bringing an employment claim will also be void.

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This article is correct at 19/09/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kiera Lee
Mills Selig

The main content of this article was provided by Kiera Lee. Contact telephone number is 028 9024 3878 or email

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