For example, an occupational illness action in which you were untnowingly exposed to asbestos at work would not prevent you from taking legal action against your employer if, years later, you discovered that you had developed asbestosis because of that exposure. ACAS can settle labor court claims (and potential claims) with a particular type of agreement called COT3. Parties to a COT3 do not need to be represented by lawyers. Apart from a settlement agreement, a COT3 is the only other legally effective way for a worker to waive their labour rights. There are parts of the agreement that I don`t understand or can`t respect – does it matter? PandaTip: You also want to identify the incident that caused the damage, as shown in the example, as an “incident” to facilitate reference throughout the document. Why does the settlement agreement contain a long list of irrelevant claims? I have been offered a settlement agreement – do I have to accept it? AMOUNT OF THE STATEMENT. In consideration for such settlement and release, the defendant agrees to pay the claimant the amount of [SETTLEMENT AMOUNT] Dollars ($[NUMBER]) as full payment, subject to the terms of this Agreement. Payments are made according to the schedule set out in Appendix A (the “Settlement Payments”). If a lawyer advises you on a settlement agreement, but you decide not to accept the proposed terms, you may still have to pay all of your lawyer`s fees. The obligation for your employer to contribute to your lawyers` fees is only valid if you sign the settlement agreement. Your lawyer will explain the consequences. Confidentiality clauses are common in transaction agreements.
They usually mean that the parties promise not to make harmful statements about each other. This would prevent you from making harmful comments about your employer in the press or on social media, even if you are telling the truth. It could also prevent you from reporting misconduct as a whistleblower. Your lawyer should explain the effects carefully. PandaTip: In other words, this agreement is now the debt control agreement and, in any case, the terms of this agreement are in contradiction with any other previously signed agreement that wins the terms of this agreement. Be realistic, but don`t be afraid to ask for what you want, especially when it`s not just about money. For example, employers will sometimes provide a written apology as part of a settlement agreement.