An apparent piece of ambiguous drafting in the Equality Act 2010 has left doubt as to whether a compromise agreement can be validly signed off by an adviser. Employees must receive advice from an 'independent adviser' about the terms and effect of the compromise agreement for it to be enforceable, but the way that the Act is currently drafted means that a solicitor who was instructed by the employee prior to the production of the final agreement will be precluded from acting any further.

The Government Equalities Office, who are responsible for the equality policy, do not agree with the Law Society’s interpretation that any solicitor who has acted for the employee will not be able to act as an independent legal adviser, and are continuing to discuss the issue with the Law Society.