Section 35(3)

For the purposes of paragraph (2)(b) the conditions regulating settlement agreements under these Regulations are that— the agreement must be in writing, the agreement must relate to the particular complaint, the worker must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, its effect on his ability to pursue his rights before an employment tribunal, there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the worker in respect of loss arising in consequence of the advice, the agreement must identify the adviser, and the agreement must state that the conditions regulating settlement agreements under these Regulations are satisfied.

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Source: legislation.gov.uk · retrieved 2026-09-04