Section 144 — Equality Act 2010: Contracting out

Contracting out 144 1 A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

2 A relevant non-contractual term (as defined by section 142) is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act, in so far as the provision relates to disability.

3 This section does not apply to a contract which settles a claim within section 114.

4 This section does not apply to a contract which settles a complaint within section 120 if the contract—

a is made with the assistance of a conciliation officer, or b is a qualifying settlement agreement .

5 A contract within subsection (4) includes a contract which settles a complaint relating to a breach of an equality clause or rule or of a non-discrimination rule.

6 A contract within subsection (4) includes an agreement by the parties to a dispute to submit the dispute to arbitration if—

a the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and b the agreement is to submit the dispute to arbitration in accordance with the scheme.