Cot3

Pont

Having been through the ET process previously, I was subsequently left in the position of no work but not made redundant. After allowing the 4 weeks of continuous no work elapse, I contacted HR to say I was claiming redundancy and also had concerns of B of C as no notice was given.

Fast forward a month and I have been contacted by HR and have been offered a sum which, in all fairness, I am quite happy with - no problem there! They stated that 'quite honestly to avoid another ET we're prepared to offer....'. They are forwarding my contact details to ACAS in order to agree a COT3.

IYO would it be sensible/viable for me to insist on:-
a) A 'to whom it may concern' letter of reference?
and
b) Payment to be made within 14 days of signing such an agreement?

I'm slightly worried that if they drag their feet in paying I may just be out of time in bringing an ET case (I do have all the email correspondence with claims/offers etc - don't know if that would make a difference).

Opinions/advice?

SarEl

Doesn't work quite like you think it does.

You can ask for an agreed reference as part of the COT3 - but it will be the refrence the employer sends to future employers. A "to whom it may concern" handed over by you won't be accepted by 99.9% of employers.

You can ask for any payment date you like - but the minute it is signed you have given up all rights to ever make a tribunal claim. If they fail to pay it is a civil debt and treated as such.

Pont

Hi Sarah - yep me again!

Re: Reference - I know, in this employment, I've had excellent (not just 'good') results. I'm just a litttle worried that as I've obviously been a 'thorn' in their sides re: ET etc., that they may forward, in some way, a negative reference. So a 'to whom it may concern' may go someway to ensure an appropriate reference regarding results, time off (never), etc. It would always be there should future employers require it (I think my ex-manager would also back this up if need be).

Re: Payment date - after the last ET they paid up via cheque within a week. However, erring on the side of caution, hasn't there been recent case of an employer failing to abide by the COT3 agreement and subsequently ended up back in ET? I have no reason to believe they won't follow through but...if they fail to abide by the agreement could I take this matter up with the local county (civil?) court as the sum is under what can be adjudged, therefore about a £25 fee?

IYO what would be a sensible, working time frame to suggest for payment? This is a very large organization, and I wouldn't think the amount discussed would cause any hardship.

As a final question/comment, is there anything else you would ask for in a COT3 agreement? As an addition would you be loathe to accept the first offer? I did because I felt in this instance it was fair, but overall I certainly feel I've been 'short-changed' - damn Southern Cross!

Thanks.