Breached COT3 agreement, what next?

GlasweJen

I received the copy of my COT3 form back 28 days ago, the other side had 28 days from my receipt to send out a cheque for a monetary sum plus some documentation I had negotiated the return of (professional certificates and a reference).

Postman came before I left for work and had nothing from them. What do I do now? I can't call ACAS today as I'm in meetings at work but I want this sorted ASAP

uknick

I think should give it another couple of days the way the post can be. It could be your ex-employer is deliberately causing you that last bit of stress by posting it on day 28.

I have a feeling there's not a lot ACAS or the Tribunal can do. You have to go through the courts to recover the money etc.

This link details said procedure;

http://www.acas.org.uk/index.aspx?articleid=2635

GlasweJen

Thanks, I looked but couldn't find that info before.

Does it make a difference that our claim was settled through judicial mediation and not Acas? Also should I contact my former employer or their lawyer first?

uknick

Who have you been on contact with during your "case"?

But, if you contact their lawyer, it will cost your ex-employer more money , assuming their lawyer is not on a retainer.

With regard to how the case was settled, only you can take them to court for non payment. My case was settled via ACAS, or rather they rubber stamped the COT3. But, I think their only involvement in a non payment is to send the employer as "strongly worded" letter. There is no legal action they can take.

If you do have to go to court to get your money, and the company still exists, from what I've read it's a simple breach of contract case. You'll get your settlement and all (settlement recovery action) court costs back. In fact, I'd be surprised of it ever went into court as your employer has no chance of winning.

GlasweJen

During the case it was always the lawyer who did any communication so it makes sense to communicate again.

Now I have received the cheque and professional certificates but not the reference or the apology we agreed on with the judge. What can I do about this as it was part of the deal and I would have pushed for more financial compensation had they not agreed to give me these?

uknick

Was the apology and reference specifically detailed in the COT3 as part of the remedy? If not, I think you'll be whistling in the wind.

If they were, not sure how you can "sue" for this. As you've no doubt read, judges have very little power to enforce the agreements.

But, on the other hand it could be just delayed in the post again

GlasweJen

Yes, the apology and reference were part of the settlement and on the COT3 along with agreed wording and who was to sign them.

The way the letter with the cheque reads I'm no convinced the letters will follow but it indicates that the cheque is a full and final settlement - no indication that there are outstanding items.

uknick

In which case they are in breach. But, what is the breach worth to you?

If you go to court you'll have to be able to show you have suffered a tangible financial detriment, or I suppose physiological distress.

You could show detriment with regard to the reference, but it will be hard to prove.

The lack of apology would need a court expert witness to report you were severely damaged emotionally.

Initially, I would write to their lawyer, and ask where the documents are; which I'm sure you're going to do.

It could just be an oversight. The reference to full and final settlement might just refer to the financial payment.

NIsarKhan01

Hi agreed a cot 3 with a previous employer only for them to insist on payment from a non party. Matter went to tribunal & i was awarded £5k less than the cot 3 agreement. Can I appeal against the judges ruling on the grounds that a COT3 was agreed to before the tribunal date. I'm thinking along the lines of Alma Construction v Bonner

DandelionPatrol

NIsarKhan01 wrote: »

Hi agreed a cot 3 with a previous employer only for them to insist on payment from a non party. Matter went to tribunal & i was awarded £5k less than the cot 3 agreement. Can I appeal against the judges ruling on the grounds that a COT3 was agreed to before the tribunal date. I'm thinking along the lines of Alma Construction v Bonner

Now posted as a new thread https://forums.moneysavingexpert.com/discussion/5287516