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cot 3 wording can anybody offer some help
almond
Posts: 1,674 Forumite
hi
i need some help with wording of cot3 acas has sent over below but i cannot agree to bit about family
The partiesagree that the settlement and the terms of this Agreement will remainconfidential between the parties and will not be revealed to any third partyother than the Claimant’s immediate family, who will also be bound by theconfidentiality of this agreement, professional advisers or otherwise asrequired by law. For the avoidance of doubt, the settlement and the termsof this Agreement should not be disclosed to any person currently working forthe Respondent or anybody who has previously carried out work for theRespondent
i have found below on internet could i ask for that instead
DISCLOSURE OF TERMS
The claimant agrees that the claimant will not, at any time on or after the date of this Agreement:
i. disclose or cause or permit to be disclosed the fact or terms of this agreement (including details of any negotiations leading up to it) to any third party including any employees of the respondent or any associated company save where required to do so by law. The claimant is however admitted to disclose the details of this agreement to his spouse and professional advisers, provided that they also agreed to keep the terms of this agreement( including details of any negotiations leading up to it) is confidential:
ii. Make, publish or issue or cause to be made, published or issued any disparaging or any derogatory statements whether in writing or otherwise concerning the respondent or any associated company or any of its or their officers or employees.
any advice would be welcome
thanks in advance
i need some help with wording of cot3 acas has sent over below but i cannot agree to bit about family
The partiesagree that the settlement and the terms of this Agreement will remainconfidential between the parties and will not be revealed to any third partyother than the Claimant’s immediate family, who will also be bound by theconfidentiality of this agreement, professional advisers or otherwise asrequired by law. For the avoidance of doubt, the settlement and the termsof this Agreement should not be disclosed to any person currently working forthe Respondent or anybody who has previously carried out work for theRespondent
i have found below on internet could i ask for that instead
DISCLOSURE OF TERMS
The claimant agrees that the claimant will not, at any time on or after the date of this Agreement:
i. disclose or cause or permit to be disclosed the fact or terms of this agreement (including details of any negotiations leading up to it) to any third party including any employees of the respondent or any associated company save where required to do so by law. The claimant is however admitted to disclose the details of this agreement to his spouse and professional advisers, provided that they also agreed to keep the terms of this agreement( including details of any negotiations leading up to it) is confidential:
ii. Make, publish or issue or cause to be made, published or issued any disparaging or any derogatory statements whether in writing or otherwise concerning the respondent or any associated company or any of its or their officers or employees.
any advice would be welcome
thanks in advance
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Comments
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Can you explain your difficulty with the first wording? I'm struggling to see the difference between that and the second wording.0
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Can you explain your difficulty with the first wording? I'm struggling to see the difference between that and the second wording.
really need some help company are trying to get me to gag family
which seems wrong, i found the other wording on internet and hoped somebody might have some ideas0 -
other than the Claimant’s immediate family, who will also be bound by theconfidentiality of this agreementThe claimant is however admitted to disclose the details of this agreement to his spouse and professional advisers, provided that they also agreed to keep the terms of this agreement( including details of any negotiations leading up to it) is confidential
Sorry, but I can't see any difference between the two clauses. Both are saying you can tell your spouse, but they can't tell anyone else.
Pretty standard clause in this type of agreement - both sides agree not to talk to anyone about the agreement. But you are given the privilege of telling your spouse.0 -
As gb says, your wording limits you to talking to your spouse only so is more limited than theirs and it says your spouse agrees to keep it confidential anyway. Your wording is more limited than theirs!
Confidentiality is vital to such agreements so you should have expected it. However, maybe you need to consider how the company would enforce it...?0 -
So you want to be able to tell your family and have your family blab the details to anyone who cares to listen? In which case there is no confidentiality, it sounds like you're trying to get around the spirit of the agreement. If you don't want to maintain confidentiality, then don't take the money.'I think that God, in creating Man, somewhat overestimated his ability'..Oscar Wilde0
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no i am trying to protect my family, i don't think them being told what to do is right, only one of my kids knows whats going on.So you want to be able to tell your family and have your family blab the details to anyone who cares to listen? In which case there is no confidentiality, it sounds like you're trying to get around the spirit of the agreement. If you don't want to maintain confidentiality, then don't take the money.
Please don't judge, the company i worked for have stopped me taking a new job until i drop the tribunal case , that was last october. I can't explain on here but the settlement is less then 1k0 -
no i am trying to protect my family, i don't think them being told what to do is right, only one of my kids knows whats going on.
Please don't judge, the company i worked for have stopped me taking a new job until i drop the tribunal case , that was last october. I can't explain on here but the settlement is less then 1k
In that case the second wording would be no use as you can't untell your kid so you would be instantly violating it.0 -
In that case the second wording would be no use as you can't untell your kid so you would be instantly violating it.
seems to be to much for the settlement, i don't mind not being able to say anything, so glad i am free but to bring my family
into this i don't see the point, none of my grown up kids know anybody i worked with.it just all seems to be one sided, will see what advice acas give on monday0 -
it just all seems to be one sided, will see what advice acas give on monday
But it's not one-side for your ex-employer to have to keep quiet, but for your family to blab about it to anyone they want to (such as newspapers).
Seems a perfectly reasonable agreement to me and at the end of the day if you don't like it turn down the settlement offer.0 -
seems to be to much for the settlement, i don't mind not being able to say anything, so glad i am free but to bring my family
into this i don't see the point, none of my grown up kids know anybody i worked with.it just all seems to be one sided, will see what advice acas give on monday
Think about it the other way round - are you happy for the employer/ manager/ HR person's children to go round gossiping about you? The agreement goes both ways - they/ their families will not talk about you, and you/ your family do not talk about them.0
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