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Contracts of employment: Unfair dismissal waiver effective without "consideration"

This report relates to 1 case(s)

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    Malone v Governors of Cambridge Regional College EAT/171/93 (0 other reports)

An employee's agreement to waive his or her unfair dismissal rights in the event of a fixed-term contract expiring without being renewed is binding, without any need for "consideration" from the employer, holds the EAT in Malone v Governors of Cambridge Regional College.

In most circumstances, an agreement purporting to exclude or limit an employee's statutory employment protection rights, or the right to make an industrial tribunal complaint, will be void - s.140(1) of the Employment Protection (Consolidation) Act 1978 (the EP(C)A).