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cityguru
cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13323
Experience:  Senior lawyer with 30 years experience
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I have received a WITHOUT PREJUDICE SAVE AS TO COSTS AND SUBJECT

Customer Question

I have received a WITHOUT PREJUDICE SAVE AS TO COSTS AND SUBJECT TO CONTRACT
PROPOSED COT3 WORDING document from my employer solicitors and I am worried that I don't know anything about law and that I might put my self in a bad situation if I sign this.
I am specially worried that ones I have signed this, they might try to get their money back or try to take me to court for other matters. Specially the wording about not being able to get a job in the near future.

If you accept I can sent a copy of this but I have to edit out some parts as I am not allowed to disclose any on the names or other things that can put me in trouble.
Submitted: 3 years ago.
Category: Employment Law
Expert:  cityguru replied 3 years ago.
Hi, Thanks for your question - For a COT3 to be effective you should be getting advice from ACAS. You should not be agreeing if you are not happy with the terms. The statement without prejudice save as to costs is simply an implied threat - if you refuse the deal and end up getting less at the tribunal than offered they will try and claim costs. I would ignore it because as long as you have a legitimate claim tribunals almost never award costs and all lawyers put this on their offers as if to lend it some authority.

I assume you have an unfair dismissal claim so I cannot imagine on what basis they think they can prevent you from working.

It is not very practical for me to review the document without knowing all the background but if you like the basic terms then respond that you are " without prejudice " willing to enter into a compromise agreement ( not a COT3) given proper legal advice and they should pay for it. It is normal for employers to pay £250 to £400 towards the employees costs to get a solicitor to sign off on a compromise agreement.
Customer: replied 3 years ago.

Hi Cityguru,


 


I need someone to look at the document as there are lots of things in it that are worrying to me. ACAS is not being helpful, they just want me reject or sign the document and be done with it.

Expert:  cityguru replied 3 years ago.
Ok well you need to go and see a solicitor. To advise on a settlement document one needs to know the full background the strength of your case and so on. If you do not not want to or cannot afford pay a lawyer then you have to decide if you want to accept what is no the table or not. As I said you can go back and say you will only settle on a a compromise agreement with legal advice that they need to pay for.

I can answer specific question but I cannot review a COT3 in isolation I am afraid.

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