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UKSolicitorJA
UKSolicitorJA, Solicitor
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Does a COT3 example form exists

Customer Question

Does a COT3 example form exists so that I could get some idea of how to structure a claim against my employers. I've looked on the ACAS site but can only find examples of post on settlement disputes I.e. where an employer has failed to pay an agreed COT3 settlement. I am in urgent need of this information which I need but 2pm tomorrow 15/2/13 I have a cot 3 from ACAS but need to reword it. I may have a future personal injury claim and I have been told by ACAS i could not persu this. I need to be sent back tomorrow. if i need to make any further claim against my employer i need to re word the cot 3 to protect myself. The personal injury is not covered by my et1. My ET1 was for unfair dismissal because of capability and dda.Can you advise is there any wording that I should insist putting into the cot3 to protect my right to make a personal injury claim. Every thing has to be so precise. Do I need to put into the cot3 some wording regarding protected characteristics?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

Protected characteristics usually apply in discrimination cases, you are referring to a personal injury claim and I am not sure what the relevance is of putting in wording on protected characteristics in your COT3 form.

Whilst there is no template COT3 form as each form is different and confidential to the parties, you may insert a provision such as:

Notwithstanding anything in this COT3 form, I the claimant reserve my right to take legal action for personal injury caused to me >>>give details of the injury e.g. date, nature of injury>>>.

Hope this helps-please leave feedback
UKSolicitorJA, Solicitor
Satisfied Customers: 3717
Experience: solicitor
UKSolicitorJA and 2 other UK Employment Law Specialists are ready to help you
Expert:  joannem1965 replied 1 year ago.
Hi there the wording you were given above on its own isn't likely to allow you to claim. It'll actually depend on the rest of the agreement and what clauses already exist. It's actually common for cot3s to exclude PI claims from them and this could cover either existing injuries that were known at the time the agreement was signed or any future injuries which weren't known at the time. It's not enough to just include a clause allowing you to make a claim for a specific injury and I'll be honest with you no employer will just agree to a clause like that being included. Instead you'll have to remove any mention of personal injury claims in the current agreement. So if you've got a clause now that says you accept the full and final settlement of any personal injury claims any personal injury claims which have not arisen as at the date of this agreement then you need to remove these first before you think of specifically adding clauses that allow you to claim. In fact the clause that was suggested by my colleague will become irrelevant as long as you remove the mention of personal injury claims being included in your settlement.
Customer: replied 1 year ago.

thank you for your advise...I have re worded my Cot3 as follows can you confirm this meets standard which would be acceptable to submit? I have worded it in simple understandable english and have removed all quotes relating to any Acts as the original sent from ACAS was overloaded with "including ,but not limited to any claims arising under acts (of which they included 11) ect.. which I did not understand and the whole paragraph these acts were included in came to no conclusion, which in its self made no sense to the paragraph.

i would be most grateful if you can reply to this within the next 24 hours as i have to forward it for agreement via ACAS.

many thanks

COT3 WORDING

("Claimant") and ("Respondent") have agreed as follows:

1. The Respondent will pay to the claimant without admission of liability within 21 days of receiving a copy of this form signed by the claimant’s representative the sum of £??????? (Less any tax or National Insurance contributions due on the earnings related amount of the settlement and save for claims for personal injury and in respect of occupational pension rights) whether arising under her contract of employment or out of termination thereof on date. The payment referred to in clause 1 is in full and final settlement of:

1.1 The claim brought by the Claimant against the Respondent in the Employment Tribunal under case number ("Claim")

1.2 All claims the Claimant has made against the Respondent or any of its associated companies whether arising from her employment with the Respondent or its termination on date or from her contract of employment or its termination.

2. This agreement shall not apply to any claim the Claimant may have against the Respondent or any of its associated companies or its or their officers or employees for accrued pension rights provided that the Claimant warrants that, at the date of this agreement, there are no circumstances known to her or which ought reasonably to be known to her which could give rise to such a claim.3. The Claimant shall write to the Employment Tribunal (or ensure that his representatives so writes on her behalf) withdrawing the Claim within three days of receipt of a copy of the agreement signed by or on behalf of the Respondent. It is the understanding of the parties that the Claim covered by this agreement will, following the withdrawal of the Claim by the Claimant, be dismissed. To evidence this understanding and in order to comply with Rule 25A(1)(c) and Rule 25A(2)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, the parties agree that they will sign a copy of the letter annexed at Annex 1 when they sign the agreement. The Respondent will send a copy of this signed letter to the Employment Tribunal.4. The Claimant undertakes to keep the existence and terms of this settlement confidential save where disclosure is to HM Revenue and Customs, is required by law or (where necessary or appropriate) to legal or professional advisers or to the Claimant's immediate family from the date this agreement is signed. Previous to this date confidentiality cannot be confirmed nor be the responsibility of the claimant for any other 3rd parties oral or written disclosure’s to whom ever.5. The Claimant agrees not to make or publish nor cause to be made or published statements whether orally or in writing regarding the Respondent and/or its associated companies with regard to Employment Tribunal case number (“Claim”)

 

Customer: replied 1 year ago.
You replied
Saturday, February 16, 2013 8:49 AM EST
thank you for your advise...I have re worded my Cot3 as follows can you confirm this meets standard which would be acceptable to submit? I have worded it in simple understandable english and have removed all quotes relating to any Acts as the original sent from ACAS was overloaded with "including ,but not limited to any claims arising under acts (of which they included 11) ect.. which I did not understand and the whole paragraph these acts were included in came to no conclusion, which in its self made no sense to the paragraph.
i would be most grateful if you can reply to this within the next 24 hours as i have to forward it for agreement via ACAS.
many thanks
COT3 WORDING
("Claimant") and ("Respondent") have agreed as follows:
1. The Respondent will pay to the claimant without admission of liability within 21 days of receiving a copy of this form signed by the claimant’s representative the sum of £??????? (Less any tax or National Insurance contributions due on the earnings related amount of the settlement and save for claims for personal injury and in respect of occupational pension rights) whether arising under her contract of employment or out of termination thereof on date. The payment referred to in clause 1 is in full and final settlement of:
1.1 The claim brought by the Claimant against the Respondent in the Employment Tribunal under case number ("Claim")
1.2 All claims the Claimant has made against the Respondent or any of its associated companies whether arising from her employment with the Respondent or its termination on date or from her contract of employment or its termination.
2. This agreement shall not apply to any claim the Claimant may have against the Respondent or any of its associated companies or its or their officers or employees for accrued pension rights provided that the Claimant warrants that, at the date of this agreement, there are no circumstances known to her or which ought reasonably to be known to her which could give rise to such a claim.3. The Claimant shall write to the Employment Tribunal (or ensure that his representatives so writes on her behalf) withdrawing the Claim within three days of receipt of a copy of the agreement signed by or on behalf of the Respondent. It is the understanding of the parties that the Claim covered by this agreement will, following the withdrawal of the Claim by the Claimant, be dismissed. To evidence this understanding and in order to comply with Rule 25A(1)(c) and Rule 25A(2)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, the parties agree that they will sign a copy of the letter annexed at Annex 1 when they sign the agreement. The Respondent will send a copy of this signed letter to the Employment Tribunal.4. The Claimant undertakes to keep the existence and terms of this settlement confidential save where disclosure is to HM Revenue and Customs, is required by law or (where necessary or appropriate) to legal or professional advisers or to the Claimant's immediate family from the date this agreement is signed. Previous to this date confidentiality cannot be confirmed nor be the responsibility of the claimant for any other 3rd parties oral or written disclosure’s to whom ever.5. The Claimant agrees not to make or publish nor cause to be made or published statements whether orally or in writing regarding the Respondent and/or its associated companies with regard to Employment Tribunal case number (“Claim”)
Expert:  joannem1965 replied 1 year ago.

Hi there did you mean to accept my answer or my colleague's answer? I do not see any issues with the draft you've provided

Customer: replied 1 year ago.
Sorry your answer, was much better..
Thank you for advise I will submit my cot 3 am tomorrow. If the respondent refuse to sign my cot 3 eventhough we have have agreed a amount via ACAS, am i right to thinking my cot 3 is in legal terms and technicalities worded correctly as a legal document? I need to know that there are no legal technicalities they could object to or try to apply pressure on small inaccuracies as am not prepared to give into to the buracratic wordings and agree to the cot3 which ACAS issued and said was standard!!? I will stand firm on my cot 3 wordings just needed reassuring. Kept simple is the best.
Many thanks
Expert:  joannem1965 replied 1 year ago.
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