McWilliam & Others v Glasgow City Council - Compromise agreements, "particular complaints" and the extent of "independent advice" [2011] EAT

For a compromise agreement under the Sex Discrimination Act 1975 to be valid it must preclude a "particular complaint". However all that requires is that the complaint be sufficiently identified that both parties know what it is the agreement precludes; there is no need for that particular complaint to have been presented to an employment tribunal or articulated at an earlier stage.  

After talks with the Trade Union Side of the Scottish Joint Council, Glasgow City Council decided to set aside £40m to settle “apparent equal pay liability” in respect of in excess of 10,000 employees.

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