In this context, the COT3 form is a document containing a legally binding agreement for the settlement of a potential or actual claim before the labour tribunal. Both parties sign the COT3 form as a formal protocol to the agreement reached following conciliation with the assistance of a CASA representative. Do you want to work with one of our labour officers in Coventry? You must visit the Askews Legal website today. If you would like to get in touch with a member of our team, call us on 02476 231000. If not, fill out the contact form and someone will contact you as soon as possible. The COT3 form can only be used after an early reconciliation of CASA. A transaction contract can be established and signed at any time during a dispute or work application. Before making a legal application, staff must first inform the Intermediation and Arbitration Service (ACAS) of their labour dispute. At this stage, the parties are offered a speedy conciliation, a procedure in which the potential plaintiff and the defendant will have the opportunity to reach an agreement without resorting to legal proceedings. Once an agreement has been reached on the resolution of a labour dispute as part of the CONCILIATION of CASA, there are several advantages to re-open the agreement through a COT3 form, including to avoid any uncertainty if the applicant were to take further steps to enforce the terms of the agreement at a later date. The conclusion of such an agreement has many effects. Among the various consequences, COT3 may ask the employee to waive certain claims that he did not intend.
For example, these may be rights to personal injury and it is important to consider all potential claims in the circumstances, taking into account the magnitude of the waiver. In cases where payment is not made, the first step is to contact the CASA Conciliation Officer, who may remind the respondent of his obligations under the COT3 agreement. However, if the respondent still does not comply, the worker is free to apply the court agreement in the same way as an unpaid judgment. Although a transaction agreement will have much the same effect as a COT3 agreement, the most important differences exist between the two: in the same way that a COT3 agreement draws a line under any rights that have been invoked and may also prevent the continuation of other claims, a transaction contract prevents a worker from asserting a number of Tribunal appeals against his existing or previous employer. As labour law specialists, we help you with issues related to transaction agreements, ACAS mediation or employment arrangements. Ask our experts for advice today. If it does not meet all of these conditions, it is not valid and you do not have to comply (although your employer does). This means that you can still take legal action in an employment tribunal. Talk to your nearest citizen or local lawyer if you feel your agreement is invalid.
Once the terms of a COT3 agreement have been agreed, the labour tribunal will no longer be able to hear your dispute. In short, you will be prevented from making future claims regarding issues that have been included in this agreement. If you have already filed a legal motion, the CASA conciliation officer must inform the court that the matter has been resolved and that the matter is closed. If the negotiations collapse, perhaps we can propose a compensation agreement. Here we receive a percentage of the compensation you receive as a result of other measures. This may involve the introduction of a formal complaint or the initiation of proceedings. In particular, since most transactions are proposed only on the basis of ”unclaimed liability” on the part of the respondent, you will completely forego the opportunity to have your dispute reviewed by an employment tribunal and to make all formal findings against your employer.