A disability, unfortunately, can affect anyone. But, in the context of a commercial agent who is an individual, there are particular legal issues of which a principal needs to be aware.
The Commercial Agents Regulations
A disability can sometimes be a consequence of illness. It is important for a principal to bear this in mind as the Regulations enable an agent who, for reason of illness (or infirmity) cannot reasonably be required to carry on their activities as agent to terminate the agency agreement.
In this situation, the agent will have a claim against the principal under the Regulations for compensation or indemnity. An agent may also be able to claim other entitlements under the Regulations.
The Equality Act
Although an individual commercial agent is self-employed, it is the case that they are treated for the purposes of the Equality Act as providing their services personally to the principal. As such, the agent is likely to be covered by the Equality Act.
But then what of disability itself under the Equality Act?
This is not a straightforward question. However, if it is the case that an agent has a disability for the purposes of the Equality Act, there are two key issues for a principal to bear in mind, namely:
Take home points
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