COT3 Query - please help

sunflower888

Hi

I had a work related situation and with ACAS was discussing a COT3 agreement/settlement which is a mediation process pre-ET, I thought it was only final when each signed it, but as soon as I agreed the wording they said its binding and I was not sure and wanted to change my mind as I was under pressure.

Can someone tell me, is that COT3 binding when Ive not signed it? i.e. stops me making an ET claim?


Thanks

sangie595

Yes, I'm afraid it is. A verbal agreement with ACAS makes it binding. Your tribunal claim is at an end- you cannot dispute the COT3.

sunflower888

The thing is I feel I sold myself short in not holding out for more. (Though I know that is a gamble area).

I asked if legal advice was covered and told no.

The ACAS rep does the go between, but it was "draft" wording, then all of a sudden when it was a final one he just mailed to say thats it binding document now, and I was not aware of that, and had assumed with a final document you can then get it reviewed and its signed its not binding.

I'm still not sure. Seems wrong. I asked him what happens if I dont sign it, he says it just means you dont get paid but cant go to the ET. I told him thats not what you website says, but now I don't know.

Seems very odd, just to be bound once words are agreed and I didnt realise that, it wasnt clear to me unless i missed something but then seems unfair now and I dont know what to do.

He tells me to get legal advice but to him the matter is closed. I queried how can it be closed with him, he doesnt have payment in place or two signed forms. Dont feel very helped by ACAS seem only interested in shutting/closing cases down.

Are either of you employment lawyers?

He said until the wording was agreed its not binding. I'm confused because at what point do I get a final draft that I then take to get legal advice on? Very odd. Doesnt seem right.

sunflower888

nick c did you post something it seems to have disappeared, can you please repost?

IAmWales

Nick's post was incorrect, it applied to settlement agreements not a COT3 agreement. The COT3 form is a record of your agreement, but the agreement itself was made when you spoke to the mediator.

ACAS mediators are there to negotiate an agreement, and that is what they have done. Do you feel the mediator acted incorrectly or is it just that you regret your decision?

sangie595

I'm sorry but your assumptions are incorrect. A COT3 does not need to be signed. The second you said you agreed it, it was legally binding. Telling you that I am a lawyer (which I am not) will make you believe the opinion of an anonymous poster? But I've negotiated more COT3's than you have. A lot more. They are binding as soon as you agree them verbally - if you don't sign you get no payment at all, and no tribunal claim either. Legal advice won't help you now - the time to get it was before you entered into this.

Yes, this part of ACAS is designed to reach agreement and divert claims from tribunals. That is what it was supposed to do. What made you think that a government funded agency was on your side? That is what unions are for.

sunflower888

Not that they are on my side, but need to be fair.

I was not aware it was binding on agreement of terms. Whats the point of it being signed then?

What kind of fair agreement are ACAS allowing if any employee has no access to legal advice yet doesnt sign it and cannot proceed to an ET? Seems very skewed and unjust to the employee no?

sunflower888

ps. if its binding when you agree it then why does the payment not then automatically follow? Why is my signature needed at all then? How can a layperson possibly know that?

IAmWales

sunflower888 wrote: »

Not that they are on my side, but need to be fair.

I was not aware it was binding on agreement of terms. Whats the point of it being signed then?

What kind of fair agreement are ACAS allowing if any employee has no access to legal advice yet doesnt sign it and cannot proceed to an ET? Seems very skewed and unjust to the employee no?

The idea is that you seek advice before agreeing to anything! No one compelled you to say yes.

The form is signed as a record of the agreement. It's like when you negotiate terms for a job, this can be done verbally (and would be enforceable) but it's good practice to confirm the detail in writing as soon as is reasonably possible.

The payment does not automatically follow because the employer needs to process it. This might happen the same day, or may take longer if the employer has to submit it to accounts or other processes.

sunflower888

Not that they are on my side, but need to be fair.

I was not aware it was binding on agreement of terms. Whats the point of it being signed then?

What kind of fair agreement are ACAS allowing if any employee has no access to legal advice yet doesnt sign it and cannot proceed to an ET? Seems very skewed and unjust to the employee no?

sunflower888

IAmWales wrote: »

The idea is that you seek advice before agreeing to anything! No one compelled you to say yes.

The form is signed as a record of the agreement. It's like when you negotiate terms for a job, this can be done verbally (and would be enforceable) but it's good practice to confirm the detail in writing as soon as is reasonably possible.

The payment does not automatically follow because the employer needs to process it. This might happen the same day, or may take longer if the employer has to submit it to accounts or other processes.

Well he told me I had until 5pm as the deadline for ACAS was running out. Only to find out later that ACAS can still be involved in the post deadline period, hence I feel duped! I did also ask him if they could extend for a few more days, at no point did he mention that negotiations can carry on after.

So are ACAS not there to ensure fairness to the employee too, or are they there to trick people/employees into it, and so help their stats.