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  6. Am I able to advise a client as an ‘independent adviser’?

Am I able to advise a client as an ‘independent adviser’?

I have been contacted by a client who wants me to advise him on a compromise agreement in a discrimination case. Am I able to advise the client as an ‘independent adviser’?

Section 147 of the Equality Act 2010 (‘the act’) sets out the requirements that must be satisfied in order to settle claims under the act by way of compromise agreements. It stipulates that employees must receive advice from an ‘independent adviser’ about the terms and effect of any compromise agreement.

The Equality Act 2010 (Amendment) Order 2012 amended section 147 by confirming that an employee’s lawyer can be an independent adviser for the purposes of preparing a compromise agreement. This removed any potential ambiguity.

Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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