Commentary

7. Avoidance of agreement

Division CIII Whistleblowing
| Commentary

7. Avoidance of agreement

| Commentary

7.     Avoidance of agreement

Contributing Editor

IAN SMITH MA, LLB

of Gray's Inn, Barrister; Emeritus Professor of Employment Law at the University of East Anglia

As mentioned earlier, if the disclosure is found to be a protected disclosure, then any agreement is void in so far as it purports to prevent the worker making the disclosure (ERA 1996 s 43J). This most obviously applies to a term to that effect in a subsisting contract of employment but sub-s (2) expressly extends it to cover any agreement, including 'an agreement to refrain from instituting or continuing any proceedings…'. In the obvious case

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