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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have Employment Tribunal case scheduled on 3/10/2016, last

Customer Question

Hi,I have Employment Tribunal case scheduled on 3/10/2016, last Thursday 1/09/2016 ACAS has contacted me with Respondent's settlement proposal. We have agreed the sum and then ACAS asked me to read COT3, I have confirmed that I agree to wording and he replied with:"The two parties have now agreed Cot3 terms in respect of(###) ###-####15 &2300045/16.
The parties have therefore reached a LEGALLY BINDING AGREEMENT and I will notify the Employment Tribunal that settlement has been reached.
I will now arrange for the Final Cot3 to be issued to both parties.
Once received, please follow the instructions on the cover letter."Unfortunately as I was using my smartphone at the time of reading that draft and have not seen last paragraph, which is:"The Claimant further agrees that he will not, whether directly or indirectly, make, publish or otherwise communicate any disparaging or derogatory statements, whether in writing or otherwise, concerning the Respondent or any of its associated companies or any of their officers or employees."I have only read that when received paper copy (yesterday) to be signed.I do not really want to agree as I am running some business that might come in conflict with this condition.I have asked ACAS negotiator if there is anything I can do to change that condition and he said that his job is done and Tribunal has been notified and the hearing that has been scheduled on 3/10/2016 will not happen as the case is most likely closed now, regardless if I sign that agreement or not.My question is, if that is really true and there is nothing I can do at this point to renegotiate?Kind regardsLukasz
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

What conflict do you potentially see in relation to this?

Customer: replied 10 months ago.
I am preparing a website that will be serving information for London commuters and Respondent is coach coach company that is providing transportation for commuters, and I might need to make/publish some comments about them (reviews, feedbacks). Also am publishing videos of coaches on the website, some of them belong to Respondent.
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
thanks
Expert:  Ben Jones replied 10 months ago.

No problem at all

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. It is indeed true that once a binding agreement is reached via ACAS that is the end of the matter and you cannot change your mind. It is unfortunate that you did not read the last paragraph but it was sent to you so you cannot try and argue that you were not provided with it before agreeing to the settlement.

So if you are running a business which could publish negative comments about them, it could be covered by this clause unfortunately so you have to be careful what you publish about them. You can nevertheless try and argue that you are not the one making the statements and hat you are simply allowing the public to make their own comments so technically it is not you making such comments. However, a court will have to decide if that is going to be a reasonable excuse so there will be a risk.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you Ben, once again great help, got my lesson, but hey, there is no more any case and I got money I was asking for.Goodnight
Expert:  Ben Jones replied 10 months ago.

I like your positive attitude...all the best

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