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Reasonable adjustments when employment has ended?

Employment and Discrimination Law

Re: Reasonable adjustments when employment has ended?

Postby atticus » Tue May 16, 2017 10:39 am

To my mind that is shocking. To advise on a contract that says a person is giving up her claims, you need to have some idea what those claims may be.
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Tue May 16, 2017 10:42 am

Absolutely shocking but apparently entirely legal.
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Re: Reasonable adjustments when employment has ended?

Postby atticus » Tue May 16, 2017 10:44 am

Ask them how they answer the question I am sometimes asked: if you were me, would you sign this?
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Tue May 16, 2017 10:59 am

I don't suppose they'd feel required to give an answer. In fact I very much doubt that they'd be drawn on it at all. Probably give some sort of answer along the lines of "as stated, we are not here to advise on the merits or value of your potential claims".
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Re: Reasonable adjustments when employment has ended?

Postby atticus » Tue May 16, 2017 11:20 am

So should I sign it? Is it a good deal? What kind of adviser are you?
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Tue May 16, 2017 12:27 pm

I couldn't agree more but I don't think any of that changes the reality that the advisor does not appear to have to give advice on anything other than the technical terms of the settlement.

The law does not appear to place any legal obligation on them to advise, when asked, if the offer is a good one.
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Re: Reasonable adjustments when employment has ended?

Postby dls » Wed May 17, 2017 8:55 am

I cannot answer for the Union, but at the firm I last worked at, they refused to do these things. What typically happens is that the employer offers to pay a small amount for the cost of the advice. However to do it properly, much more is involved than can be covered within that budget, and the solicitor leaves themselves open to an allegation of negligence if he or she does less than he should.

The Union representative is usually a bad choice. They are not fully qualified and are not employed to do a good job.
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Wed May 17, 2017 9:24 am

dls wrote:However to do it properly, much more is involved than can be covered within that budget, and the solicitor leaves themselves open to an allegation of negligence if he or she does less than he should.


Which I assume is why they deliberately set out to ensure that it is clear that they are only prepared to advise on the meanings of each clause and nothing else.
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Re: Reasonable adjustments when employment has ended?

Postby Scienke » Wed May 17, 2017 7:40 pm

I still have not found any examples where reasonable adjustments might be applicable when employment has ended.

But I think if anyone were to try to make a claim for it then Section 108, Paragraph 4 of the Equality Act 2010 might be their best bet.

108 Relationships that have ended

(1)A person (A) must not discriminate against another (B) if—

(a)the discrimination arises out of and is closely connected to a relationship which used to exist between them, and

(b)conduct of a description constituting the discrimination would, if it occurred during the relationship, contravene this Act.

(2)A person (A) must not harass another (B) if—

(a)the harassment arises out of and is closely connected to a relationship which used to exist between them, and

(b)conduct of a description constituting the harassment would, if it occurred during the relationship, contravene this Act.

(3)It does not matter whether the relationship ends before or after the commencement of this section.

(4)A duty to make reasonable adjustments applies to A [F1if B is] placed at a substantial disadvantage as mentioned in section 20.

(5)For the purposes of subsection (4), sections 20, 21 and 22 and the applicable Schedules are to be construed as if the relationship had not ended.

(6)For the purposes of Part 9 (enforcement), a contravention of this section relates to the Part of this Act that would have been contravened if the relationship had not ended.

(7)But conduct is not a contravention of this section in so far as it also amounts to victimisation of B by A.


http://www.legislation.gov.uk/ukpga/2010/15/section/108
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Re: Reasonable adjustments when employment has ended?

Postby dls » Wed May 17, 2017 8:16 pm

Good find, but you may find that what you describe as unfair practice by the employer is still not discrimination.
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