Independent advice

Section 147 of the Equality Act 2010 requires employers and employees to receive advice from an ‘independent advisor’ before signing compromise agreements involving discrimination. The Law Society has received conflicting advice on what this means. According to Tom Linden QC the position taken by the Government Equalities Office (GEO) is correct. The GEO said that only advisors who had acted for another party were precluded from advising on the agreements and the Act had not changed anything. On the other hand, John Bowers QC had ‘little doubt’ that a solicitor instructed by the employee who had acted in any way for the employee during the course of his complaint would be precluded from acting any further as an independent legal advisor.