Waiver Of Statutory Employment Rights In The United Kingdom

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Authors: Hugh Collins
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Abstract

The common law endorses the principle of freedom of contract, but, with few exceptions, Parliament has explicitly prevented straightforward waivers of statutory employment rights. Nevertheless, for the sake of promoting settlements of claims by employees, it is surprisingly easy for individual employees to enter into agreements to compromise claims for breach of those rights without appropriate safeguards such as independent advice and freedom from pressure. Moreover, employers’ lawyers have demonstrated considerable ingenuity in finding ways to avoid the application of employment rights either by manipulations of employment status or by seeking contractual agreements on the facts of the case that will effectively prevent a claim from being brought. Although the courts are alert to these devices and subterfuges, vigilance is always required. Trade unions in the United Kingdom have not sought the power to negotiate collective agreements that vary or derogate from rights. The government created the possibility that employers could enter into agreements with non-union representatives of the workforce to derogate from working time rights, but there is no evidence that employers have ever used this device. To the extent that statutory employment rights express or embody an aspect of protected human rights or fundamental rights, indirect waivers will be tested for the proportionality of their interference with the right and rejected altogether if they deny the core of the right.

Fields of Study & Subjects

Labor Law and Work Dynamics Legal and Labor Studies International Labor and Employment Law

Publication details

Journal / source
Comparative labor law & policy journal
Volume
45
Issue
4
Pages
783–802
Publication date
17 February 2026
Language
EN