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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75168
Experience:  Qualified Solicitor
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I have just recieved a settlement offer for my unfair

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Hi
JA: Hello. How can I help?
Customer: I have just recieved a settlement offer for my unfair dismissal and racial discrimination case . The wording in the cot 3 is confusing please could someone help me understand the wording
JA: Where are you? It matters because laws vary by location.
Customer: Wembley
JA: What steps have you taken so far?
Customer: We have agreed the settlement fee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just need to understand the wording in the cot 3

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Please copy and paste the wording on here?

Customer: replied 13 days ago.
Hi
I have reached an agreement with my previous employers ihave the cot 3 and I need to under stand what it actual means

Yes, I understand. Please copy and paste the wording on here?

Customer: replied 13 days ago.
Hi can you please call me

Just to clarify, the pop-up offering you the chance to request a phone call is automatically generated by the site. You are free to request a call and if an expert is available, they will accept it and call you. If no one is free, then your call request will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with

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Customer: replied 13 days ago.
Hi I cant copy and paste the wording it wont let me

OK no problem. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 13 days ago.
WITHOUT PREJUDICE AND SUBJECT TO CONTRACT
COT3 wording
Mr S Dutt (the "Claimant") –v- Air Canada (the "Respondent") (Case No:(###) ###-####2018)
1. The Respondent shall, without admission of liability, and subject to the Claimant's compliance with the terms of this form COT3 ("Agreement"), pay to the Claimant the sum of £30,000 (thirty thousand pounds) ("Settlement Sum") within 14 days of the later of Respondent's solicitors receipt of the following :
1.1 a copy of this Agreement signed by or on behalf of the Claimant; and
1.2 an email sent by the Claimant to the Watford Employment Tribunal in accordance with clause 5 below.
2. Subject to the terms of this Agreement, the Settlement Sum shall be paid directly into the bank account of the Claimant (Account Name Suneel Dutt, Account Sort Code: 23-05-80, Account Number: 33642148).
3. The payment referred to in clause 1 is in full and final settlement of all claims, whether in contract, at common law, or under statute, the Claimant may have against the Respondent, any entity within the Respondent's Group and/or any of its or their (current or former) officers, shareholders, employees, workers or agents arising out of his employment and/or its termination including (but not limited to) the alleged claims itemised in the Claimant's Claim Form and listed Case Number(###) ###-####2018 (the "Claim").
4. The Claimant undertakes not to institute any further Proceedings whatsoever against the Respondent or any entity within the Respondent's Group, whether in the Employment Tribunal or any other court, in respect of any of the matters referred to in the Claim.
5. Upon receiving notice from ACAS that the terms of this Agreement are agreed and the Tribunal has been notified accordingly, the Claimant agrees to send the Watford Employment Tribunal an email to the following email address:***@******.***, in the form attached at Schedule 1 to this Agreement and will copy the Respondent's representatives into the email using the following email addresses:***@******.*** and***@******.***.
6. The Respondent and the Claimant confirm their understanding that the proceedings covered by this Agreement will be dismissed by the Employment Tribunal following the withdrawal of the Claim by the Claimant. The Claimant will raise no objection to any application made by the Respondent to the Employment Tribunal for the Claim to be dismissed.
7. Save as specifically required by law, the Claimant and the Respondent shall keep both the fact of settlement and the terms of settlement (and the circumstances leading up to the termination of his employment) strictly confidential. They may however be disclosed to ACAS professional advisers, as required by law, HMRC and (in the case of the Claimant) his spouse provided that the Claimant agrees to use his best endeavours to procure that his spouse keeps the fact of this settlement and terms of this settlement strictly confidential. This clause shall not prevent the Claimant from making a protected disclosure under section 43A of the Employment Rights Act 1996, making a disclosure to a regulator regarding any malpractice, reporting a criminal offence to any law enforcement agency or assisting with a criminal investigation or prosecution.
8. The Claimant warrants and undertakes that:
8.1 he will not make, publish or cause to be published any disparaging remarks or derogatory statement about the Respondent, any entity within the Respondent's Group, any of its or their shareholders, officers or employees or any goods or services provided by the Respondent or any entity within the Respondent's Group and the Claimant warrants that any previously published remarks have been removed as at the date of this Agreement;
8.2 subject to paragraph 8.3, if he is asked about the Claim by any third party (including but not limited to, any current or former Respondent employees and any potential witnesses to the Claim), he shall be permitted to confirm only that the Claim has been dismissed following its withdrawal by him.
8.3 he shall be permitted to confirm to Dominic Willey and Balvinder Bir, who are employees of the Respondent, only that he has withdrawn his Claim upon reaching an agreement with the Respondent, provided that he uses his best endeavours to procure that Dominic Willey and Balvinder Bir keep the fact of an agreement strictly confidential.9. There are excluded from this settlement any latent personal injury claims or any accrued pension rights and any claim to enforce the terms of this Agreement.
Customer: replied 13 days ago.
9. There are excluded from this settlement any latent personal injury claims or any accrued pension rights and any claim to enforce the terms of this Agreement.
10. The Claimant warrants that:
10.1 except for any claim expressly set out or referred to in the Claim and without prejudice to clause 3 above, he has no claims whatsoever against the Respondent, any Group Company or any of its or their (current or former) officers, shareholders employees, workers or agents arising directly or indirectly from his employment by the Respondent and/or the termination thereof; and
10.2 at the date of this Agreement, he is not aware of any personal injury claim that he may have against the Respondent and/or any Group Company or any facts that might give rise to such a claim.
11. The Respondent agrees to use its reasonable endeavours to ensure that no current senior employee or officer or member of the HR team of the Respondent will make or cause to be made any derogatory or disparaging remark about the Claimant.
12. The Settlement Sum shall be paid to the Claimant without any deduction in respect of tax or National Insurance Contributions. The Respondent makes no warranty as to the taxable status of the Settlement Sum and accordingly the Claimant hereby agrees to keep the Respondent indemnified against any income tax and Employee National Insurance contributions liability (together with all interest, penalties and costs reasonably incurred save where these are incurred through the unreasonable default or delay of the Respondent) which the Respondent and/or any Group Company is or may be liable to pay or account for in respect of the payments provided pursuant to this Agreement.
13. The Respondent confirms that it shall formally record the Claimant's termination in its HR records without reference to the termination being a "dismissal on the grounds of gross misconduct". The Respondent also confirms that any and all documents which it holds referring or relating to the disciplinary process and his dismissal and his appeal will be kept on a strictly confidential basis and that all such documents will be destroyed (to the extent technically possible) after 6 years from the date of dismissal i.e. by no later than 21 January 2024.
14. The Respondent will provide a written reference in the form set out in Schedule 2 to this Agreement directly to any prospective employer upon receipt of a written request to do so, sent to Sophie Cranfield at the address of the Company as set out above (or to such other alternative contact as the Respondent may nominate from time to time). The Respondent reserves the right to make such disclosures as are required by law or regulatory requirements, notwithstanding that such disclosures may deviate from the reference provided for in Schedule 2.
15. In this Agreement:
15.1 "Proceedings" means any action, claim or proceedings in the Employment Tribunal or any other court against the Respondent, any Group Company, or any of its or their (current or former) shareholders, officers, employees, workers or agents in respect of any of the matters which are the subject of the Claimant's warranty under clause 10 or are settled under the terms of this Agreement; and
15.2 "Respondent's Group" shall mean: the Respondent and any holding company or any parent company of the Respondent or any subsidiary of such holding company or parent company (all as defined in the Companies Act 2006). In this Agreement, any reference to Group Company means any company of the Respondent's Group.
Signed by or on behalf of:Suneel Dutt……………………………..
Date: ………………………………..Air Canada: ………………………………Date:…………………………………Schedule 1
Employment Tribunal Claim WithdrawalURGENTWatford Employment Tribunal
3rd Floor
Radius House*****Watford
WD17 1HP___________2021By email:***@******.***Dear SirsMr S Dutt v Air Canada
Case No.(###) ###-####2018I am the Claimant in the above proceedings.I write to notify the Employment Tribunal that, on the basis that settlement agreement has now been agreed with the Respondent, I wish to withdraw the entirety of the above claim.I understand that, following this withdrawal of the claim, the claim will now be automatically dismissed by the Employment Tribunal in its entirety and I look forward to receiving the Order confirming this.
I confirm that I have complied with Rule 92 of the Employment Tribunal Rules of Procedure 2013 by providing a copy of this letter to the Respondent.Yours sincerely *****cc. Osborne Clarke LLP:***@******.*** and***@******.***Schedule 2
Reference
Private and Confidential
To whom it may concern
RE: Suneel Dutt
Mr Dutt was employed by Air Canada from 25 April 2000 to 22 January 2018 as a Customer Sales & Service Agent.
Whilst this information is given in confidence and good faith, no responsibility or liability can be accepted by either Air Canada and/or any of i
Customer: replied 13 days ago.
Schedule 2
Reference
Private and Confidential
To whom it may concern
RE: Suneel Dutt
Mr Dutt was employed by Air Canada from 25 April 2000 to 22 January 2018 as a Customer Sales & Service Agent.
Whilst this information is given in confidence and good faith, no responsibility or liability can be accepted by either Air Canada and/or any of its group companies or any of its or their shareholders, officers or employees for any errors, omissions or inaccuracies in the information or for any loss or damage that may result from reliance being placed on it. This information is given in confidence and should not be disclosed to a third party unless expressly authorised by Air Canada.
Yours sincerely
[Name]
[Job title]
For and on behalf of Air Canada
Customer: replied 13 days ago.
Hi ben I have managed to forward most of the agreement

thanks, ***** ***** me know when you are available to talk

Customer: replied 13 days ago.
Hi
I'm available right now

Hi here, having gone through the agreement it is entirely standard and nothing specific sticks out which would be cause for concern. As long as you are happy with the sum offered and the condition which we covered and discussed, you can go ahead and sign that standard agreement to finalise this ongoing issue with the company.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.