Is this COT3 valid?

Dox

bobthelog said:

So are we saying that there is at least a likelihood it isn't valid?

No, we're saying get proper advice based on a full assessment of all the facts. 

Middlestitch

bobthelog said:

So are we saying that there is at least a likelihood it isn't valid?

There is a very strong likelihood that it is valid, but nobody here can help you any further.

Undervalued

bobthelog said:

So are we saying that there is at least a likelihood it isn't valid?

No, quite the opposite! As best as one can judge from your forum posts it almost certainly IS valid.

However As I (and others) have said, if you are not willing to let this drop then you need to see a solicitor who specialises in employment matters. You can show them all the documents, explain your side of the story and answer their questions. Most likely they will tell you what you have read here but at least you will have had it directly from a qualified, accountable and insured professional.

steampowered

bobthelog said:

So are we saying that there is at least a likelihood it isn't valid?

The advice in this thread, from everyone that contributed, is that the COT3 is valid.

You have not given any valid legal reason for saying that the COT3 - which you signed - is not valid.

You will have to see an employment lawyer if you want professional legal advice to confirm that. Personally I would save my money.

We cannot comment on whether whatever legal claim you are now considering bringing against your employer, is a valid claim, because you have not told us what other claims you might want to bring. There is a 3 month time limit to bring most Employment Tribunal claims anyway - so you are probably out of time for any sort of unfair dismissal or constructive dismissal claim.

bobthelog

steampowered said:

What is your goal here. You describe yourself as mentally unwell. Do you really think it is in the best interests of your mental  health to start ANOTHER legal claim against your employer?

Why do you want to put yourself through another court or tribunal process?

I don't think you have a leg to stand on with regards to claiming the COT3 is invalid:
1) It is a bit ridiculous for you to suggest that you were harassed into signing the COT3 because ACAS called you and sent you an email over a 3 day period. Obviously, ACAS need to know whether you are happy with the settlement that has been offered or not - that is their job. If you wanted more time you should have said that.

2) Your therapist is not a lawyer. The legal threshold for incapacity to sign a contract is extremely high. If you didn't have mental capacity to sign the COT3, you didn't have mental capacity to sue your employer.

Hi, thank you for your reply, however,

1. ACAS did NOT send "an email over a 3 day period". They phoned me at least twice a day,  sometimes more, they emailed me once a day, ex employer emailed me once a day. 5 days later I signed it to stop them ringing me consistently, as emails I could cope with I can just ignore, they aren't in your face like your phone ringing AGAIN and you know why they are ringing you - to sign this really complicated COT3 document that you don't understand. Is that not the legal definition of harassment?

2. "Your therapist is not a lawyer." I am confused as the previous posters said that I need medical people to say I lack capacity. I would, politely, argue against you here as lawyers know far less than a pyschologist and are no experts in mental health and ability?

Many thanks.

bobthelog

hi, thank you all very much for your responses. My claim is going to the small claims court and I don't want to divulge any further and I very much appreciate everyone's help. I am within time.

My main concern is that I look at the COT3 even now and I have re-read it and re-read it again and again and I STILL don't understand it. Have any of your ever dealt with ACAS as an employee and if so what was your experiences as I was just told that they couldn't give advice but they could explain certain words. ACAS did NOT explain that I'd be signing away my rights to sue them for anything ever again so to use a stupid example, I wouldn't be able to sue them if they ran over my grandmother?

Manxman_in_exile

I suspect that you'll find that the question of whether you had the "mental capacity" to sign the agreement is more a legal question than a clinical one.  There will be a legal definition of "mental capacity" that may not necessarily make sense to non-lawyers or a lot of doctors (except those experienced in answering the question).

Having worked as a NHS workforce planning and information officer in a mental health trust I can confirm that even clinical psychologists with a doctorate in clinical psychology (let alone any other branch of psychology) are not "medically" qualified and might be pushed to answer that question.

What would your GP or any psychiatrist you were referred to say about your capacity to understand the agreement?

Brynsam

bobthelog said:

hi, thank you all very much for your responses. My claim is going to the small claims court and I don't want to divulge any further and I very much appreciate everyone's help. I am within time.

My main concern is that I look at the COT3 even now and I have re-read it and re-read it again and again and I STILL don't understand it. Have any of your ever dealt with ACAS as an employee and if so what was your experiences as I was just told that they couldn't give advice but they could explain certain words. ACAS did NOT explain that I'd be signing away my rights to sue them for anything ever again so to use a stupid example, I wouldn't be able to sue them if they ran over my grandmother?

Re-read this thread. Absolutely no point posting further - you need advice based on the relevant facts, not the ones you've chosen to disclose.

Undervalued

Brynsam said:

bobthelog said:

hi, thank you all very much for your responses. My claim is going to the small claims court and I don't want to divulge any further and I very much appreciate everyone's help. I am within time.

My main concern is that I look at the COT3 even now and I have re-read it and re-read it again and again and I STILL don't understand it. Have any of your ever dealt with ACAS as an employee and if so what was your experiences as I was just told that they couldn't give advice but they could explain certain words. ACAS did NOT explain that I'd be signing away my rights to sue them for anything ever again so to use a stupid example, I wouldn't be able to sue them if they ran over my grandmother?

Re-read this thread. Absolutely no point posting further - you need advice based on the relevant facts, not the ones you've chosen to disclose.

Indeed!

Bob - You keep saying....

hi, thank you all very much for your responses.

If you really mean that then please heed what you have been told by just about everybody who has responded. 

Either drop this or, if you would be happier, get some one to one professional advice and listen carefully to everything they say - not just any bits you want to hear.

I'm out!

Marcon

bobthelog said:

hi, thank you all very much for your responses. My claim is going to the small claims court and I don't want to divulge any further and I very much appreciate everyone's help. I am within time.

My main concern is that I look at the COT3 even now and I have re-read it and re-read it again and again and I STILL don't understand it. Have any of your ever dealt with ACAS as an employee and if so what was your experiences as I was just told that they couldn't give advice but they could explain certain words. ACAS did NOT explain that I'd be signing away my rights to sue them for anything ever again so to use a stupid example, I wouldn't be able to sue them if they ran over my grandmother?

Then you need to show it to someone who is familiar with these things.

As others have already said, pointless to go on posting here. You won't get a definitive answer.