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JGM, Solicitor
Category: UK Employment Law
Satisfied Customers: 9984
Experience:  30 years experience as a solicitor.
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I signed a COT 3 agreement last year that included a clause

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I signed a COT 3 agreement last year that included a clause stating that I could not support or help any other employee to bring a claim or a complaint against my former employer. I did so because I didn't think this would be at all likely. However, I have been served a witness order to attend a Tribunal because I have relevant information relating to an ex-colleague's claim. Even though I have been ordered to appear as a witness, my former employers are threatening to sue me for the money they paid me plus damages if I do so. I now believe that the regulations covering COT3 agreements state that they must relate to the particular complaint or proceedings and that the can't cover future claims by other employees. Am I right?
You are correct and in any event you are not supporting or helping another employee to bring a claim. You are answering what is effectively a witness citation from a court of law and your former employer is interfering with that process which is a serious criminal offence.

If I were you I would write to the clerk of the Tribunal explaining the position and asking that your letter be placed before a Tribunal Judge. He will then deal with the employer and I doubt you will have anything to worry about.
JGM, Solicitor
Satisfied Customers: 9984
Experience: 30 years experience as a solicitor.
JGM and 2 other UK Employment Law Specialists are ready to help you
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Customer: replied 3 years ago.

The answer I received was very helpful and confirms my suspicions in relation to this matter. I will send the letter to the Clerk to the Tribunal as suggested. No further help needed at the moment,



You are very welcome and I hope that you get a successful outcome.

I suspect that your ex employers are about to regret their actions!

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