Employment Rights Act 1996: Primary legislation governing employment rights in England and Wales. Key considerations include: cannot contract out of basic statutory employment rights and has limitations on liability waivers for unfair dismissal claims.
Health and Safety at Work Act 1974: Fundamental workplace safety legislation that prohibits waiving employer's statutory duty of care and maintains mandatory health and safety obligations regardless of any agreement.
Unfair Contract Terms Act 1977 (UCTA): Regulates contractual terms by restricting the ability to exclude liability for death, personal injury, or negligence. Requires all contractual terms to meet a standard of reasonableness.
Equality Act 2010: Prohibits discrimination and ensures protection of employees based on protected characteristics. These rights cannot be waived through contractual agreements.
Common Law Principles: Fundamental legal principles requiring consideration for valid agreements and incorporating public policy considerations regarding enforceability of waivers.
Working Time Regulations 1998: Governs working hours and rest periods. Prohibits contracting out of minimum rest breaks and holiday entitlements.
Data Protection Act 2018 and UK GDPR: Maintains data protection rights and privacy obligations that cannot be waived through contractual agreements.
Contracts (Rights of Third Parties) Act 1999: Governs how third-party rights are handled in contractual agreements and affects their enforcement capabilities.
Human Rights Act 1998: Protects fundamental human rights that cannot be waived through contractual agreements, impacting the scope of permissible liability waivers.
