147 Meaning of “qualifying [settlement agreement]”
147 Meaning of “qualifying [settlement agreement]”
Equality Act 2010 | Legislation

(1)     This section applies for the purposes of this Part.

(2)     A qualifying [settlement agreement] is a contract in relation to which each of the conditions in subsection (3) is met.

(3)     Those conditions are that—

(a)     the contract is in writing,

(b)     the contract relates to the particular complaint,

(c)     the complainant has, before entering into the contract, received advice from an independent adviser about its terms and effect (including, in particular, its effect on the complainant's ability to pursue the complaint before an employment tribunal),

(d)     on the date of the giving of the advice, there is in force a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising from the advice,

(e)     the contract identifies the adviser, and

(f)     the contract states that the conditions in paragraphs (c) and (d) are met.