How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38722
Experience:  Expert in UK Employment Law
29905560
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

Settling a tribunal claim; What types of agreement are legally

Resolved Question:

Settling a tribunal claim;

What types of agreement are legally binding when ending /withdrawing an employment tribunal claim for constructive dismissal / sex discrimination?

I understand that both an acas (COT3) agreement and a compromise agreement are legally binding.

but if you just make up your own agreement, between the parties, would this also be legally binding in this sort of case?

If the employee does not comply with all the conditions of such an agreement (just between the parties) could the employer reasonably refuse to pay any sums agreed?

In this case would the employee have any recourse, ie could they bring a breach of contract claim, even though they have not complied with all the terms set out themselves?

thanks
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Any reason the parties do not want to go down the cot3 or CA routes?
Customer:

I guess my question is partly rhetorical, in so much as an agreement was drawn up just between the parties.

Customer:

However this was drawn up by the claimants solicitor and we were advised it would be an acas cot 3 agreement, indeed it is presented as a cot 3 agreement, and the text refers to it being a cot 3 agreement.


But they withdrew the ET claim, before getting acas involved, who then couldn't process it as a cot 3.

Customer:

I refused to pay on the basis that the agreement clearly states:


payment will be made within 14 days of receipt of form cot 3, duly signed etc.


 


I felt this might leave us open to further claims and they had not complied with the terms of the agreement.


 


However the claimants solicitor has repeatedly claimed that this agreement is legally binding and we are in breach of contract, despite the above.


 


Hope this helps clarify


 


thanks for your help

Customer:

Hi just checking if you need any more information

Ben Jones :

There are two types of claim that an employee can have against their employer - contractual or statutory.


 


If you are trying to waive contractual claims alone, then this can be done by entering into a contractual agreement with the other party. However, in order to try and waive statutory claims you may only do so legally by entering into a COT3 agreement or a compromise agreement.


 


If you are making a sex discrimination claim then that would be a statutory claim and it would need to be settled via a COT3 or a CA.


 


So if this agreement was used to settle statutory claims, it would not be valid but if it was used to settle contractual claims then it can be. In this case if this was intended to be a COT3 but it never ended up as such it could make the whole agreement void and neither party would be contractually obliged to the other. This could then become a potential negligence claim on the part of the solicitor who withdrew the claim before the agreement was officially ratified by ACAS.

Customer:

Great thanks,


I thought there was something like this about statutory rights but couldn't find it,


if you have any references I could refer to, just to confirm this that would be brilliant

Ben Jones :

There is no one source for this and each piece of legislation would contain its own restrictions on the ability to contract out of claims under it. For example, section 203(1) of the Employment Rights Act 1996 states that a provision in any agreement is void in so far as it purports to exclude or limit any provision in the Act. For the Equality Act it is section 144(1)

Ben Jones, Solicitor
Satisfied Customers: 38722
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice