1. No waiver

(1) The requirements of these Regulations are minimum requirements and, subject to subsection (1), a provision in an agreement to waive or exclude any of those requirements, except where expressly permitted under these Regulations, shall be void.
(2) Subsection (1) shall not prevent an Employer and Employee from entering into a settlement agreement under which the Employer or the Employee agrees to waive all and any actual, threatened or potential claims that it or he may have against the other arising out of the Employee's employment (or, where applicable, the termination of the Employee's employment), including claims to enforce rights under these Regulations, provided that —
(a) such agreement must be in writing;
(b) such agreement must signed by both the Employer and Employee; and
(c) valid consideration must be provided to the relevant party waiving such claims by the other party.
(3) Nothing in these Regulations precludes an Employer from providing in any contract of employment, terms and conditions of employment that are more favourable to the Employee than those required by these Regulations.