ACAS Settlement Advice

LJ1911

My Husband took his former employer to a Employment Tribunal for various reasons that I won't go into but we agreed to settle and both parties signed the COT3 agreement.

They are due to pay by next week but as yet have not done so. However, today we received an e-mail from their solictor showing a signed statement from a person known to both my Husband and his former employer. This person states that my Husband disclosed details of the settlement to him, which would be in breach of the confidentiality agreement signed by my husband.

This statement is a lie and neither myself or my husband have disclosed details of the settlement. My husband thinks his former employer may have paid this person to sign this statement (obviously we are only speculating but we can't see anything else to gain by their lying).

Their lawyer asked for our comments/ response, which we duly sent denying any breach of confidentiality. However, we have heard no more and it is now the weekend. My husband was representing himself so we are not sure how we should proceed.

I suppose my question is Can they use this as an excuse not to pay? Or do they have to pay anyway to keep to their side of the agreement and if they believe there to be a breach, sue my husband?

We did contact ACAS who advised that it is a legally binding document and we can enforce it regardless.

I am so sorry for the long post but the stress is making me sick and just need some advice on what we can do. Many Thanks

fruitedeli

If the settlement is monetary, the employer can get the Tribunal to drastically reduce the settlement award. The settlement is still enforced, but the award is reduced depending how much confidential information is 'believed' to be disclosed.

Are you sure your husband didn't disclose this information by accident and now out of ego refusing to acknowledge it?

LJ1911

Thank you for your response. No he did not disclose it. This person approached my husband prior to settlement and asked him about it as it was common knowledge at my husbands former work that he was taking them to court. It was current employees that were discussing it with this person. However this was prior to settlement. The allegation is that my husband disclosed details of the settlement.
Does that not mean it would have to go to tribunal for them to drastically reduce it? This was settled through ACAS before the tribunal. I am a bit confused as to what can happen next.

paddedjohn

They still have until next week to pay up, wait and see what happens before you start worrying.

LJ1911

I know, we should be more patient but it has been a terrible time for us and I just want to wash my hands of the whole sorry mess. Hopefully it will get sorted out next week