Prohibited terms in employment contractsPosted in : Essential Guide to Employment Contracts on 19 September 2016
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.
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.