Employers and employees alike need to be aware of the current debate on interpretation of s147(5)(d) of the Equality Act 2010. What is that? Well, the Law Society have suggested that an error in drafting now makes it impossible for a solicitor to sign off on a Compromise Agreement so as to settle discrimination claims. If correct, the compromise agreement reached is arguably worthless. So what do you do? The answer is still to take advice from your solicitor and your solicitor. Your solicitor will advise you as to whether it is worth while involving ACAS to get around the theoretical problem or may suggest you could take a more pragmatic view if the sums or issues involved don’t warrant extra caution. We, and a number of luminaries in the employment field, certainly think it likely that the Tribunals will very shortly confirm that the Law Society fears are understandable but unfounded.
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