Prohibited terms in employment contracts

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.