COT3 Query - please help

sunflower888

Question: so at what point do I get a final draft to seek advice on? It seems not at all?

sunflower888

The last version of the draft said this:

"DRAFT EC COT3

- Without Prejudice & Subject to Contract -
ACAS Early Conciliation: DRAFT COT3
PARTIES, ACAS ref: ".........

- was I supposed to assume that became binding on the next email?

sunflower888

Plus the final email from ACAS was:

"You have both accepted the draft COT3 and now parties have reached a legally binding agreement.

The COT3 agreement will be in the post for the Claimant or their representative to sign shortly. Please read the agreement and instructions contained in the COT3 document very carefully.

If you need any further information, please do not hesitate to get in touch."

- I was not aware the draft was anything binding only a draft, how would I know otherwise, surely it should say Final COT3? (and not draft)

sunflower888

I was told I had to 5pm that day to let them know or the ACAS deadline would lapse, he never told me that it can carry on for the time after, I even asked him if we could extend about 2 days he said no.

sangie595

I'm sorry but you do not get a chance to take independent legal advice on a COT3 - that is settlement agreements. I am afraid that it is your responsibility to know what you are doing - not theirs to tell you. If you wanted legal advice, you take it first - not afterwards. Sorry, but you are bound by the agreement that you have reached.

sunflower888

And what happens where the version posted to me to sign is NOT the final one I had emailed back? That I had proposed as the final one?

sunflower888

sangie595 wrote: »

If you wanted legal advice, you take it first - not afterwards. Sorry, but you are bound by the agreement that you have reached.

I was expecting to get a final draft which Id get legal advice on, not to be told that the draft become binding end of story, but sign the one we're posting to you!

Undervalued

sunflower888 wrote: »

I was expecting to get a final draft which Id get legal advice on, not to be told that the draft become binding end of story, but sign the one we're posting to you!

With the greatest respect, repeating yourself endlessly about the "unfairness" of the procedure (as you see it) will not change anything. The advice Sangie has given you is correct.

Ultimately it is your responsibility to understand the law and to seek legal advice if you don't before agreeing to anything.

In the vast majority of situations in English law a verbal agreement is just as binding as a written one. It is unfortunate that a settlement agreement (negotiated directly with your employer) is one of the few exceptions and that may have given rise to your misunderstanding. However ultimately it is up to you to understand the implications of your actions.

sangie595

I don't think the OP will be back. They didn't like the advice so they've gone elsewhere to make the same argument.

Pricivius

If it's any help at all, I'll add my agreement to the previous advice you have received.


If you had said "I agree with the draft wording, subject to checking with my lawyer" then you would be in a different place than "I agree with the wording". I agree with the wording and they agree with the wording means we all agree with the wording and we have agreement. Job done.


There is case law on this point but I can't put my finger on it right now - sorry.