Advising on, negotiating and drafting COT3 Agreements
A dedicated, supportive Employment Legal Service guiding you through your employment needs.
.png)
What is a COT3 Agreement?
A COT3 is the legally binding agreement used to record terms settled with ACAS involvement, whether during Early Conciliation or after Employment Tribunal proceedings have commenced.
Importantly, an agreement can become binding once clear terms are confirmed through ACAS, even before a formal written COT3 is signed. Employers should therefore obtain advice and understand the full scope and practical effect of the proposed terms before authorising ACAS to confirm settlement
What is the difference between a Settlement Agreement and a COT3 Agreement?
Both can provide a legally binding resolution of an employment dispute, but they operate differently. A COT3 is concluded with ACAS involvement and does not require the individual to receive independent legal advice before it becomes binding. A Settlement Agreement must satisfy specific statutory requirements, including the requirement for the individual to receive advice from an appropriate independent adviser on the terms and effect of the agreement and its impact on their ability to pursue the claims covered by it.
The most suitable route will depend on how the discussions arise, whether ACAS is involved and the terms needed to achieve a clear and workable resolution. Legal Connect can advise on the appropriate form of agreement and help ensure that the chosen approach reflects the circumstances and intended outcome.
What terms can be included in a COT3 Agreement?
A COT3 should set out the full resolution clearly and precisely. Depending on the circumstances, it may cover the claims being settled, payment and termination arrangements, confidentiality subject to applicable legal protections, future conduct, the conclusion of internal processes, return of property, an agreed announcement or reference, and any other practical commitments. Careful drafting is important because the scope of the waiver and the obligations created will depend on the wording agreed.
How can Legal Connect help you?
Where settlement is agreed, Legal Connect can draft or review the COT3 before the terms are confirmed through ACAS. We will ensure that the document accurately records the intended outcome, protects your school or trust’s position and addresses the practical steps needed to conclude the matter
Fixed-fee service available
Legal Connect offers a fixed‑fee service for advising on and drafting COT3 agreements, providing clarity over costs from the outset. The scope of the fixed‑fee service will be agreed with you in advance, with any additional work outside that scope discussed before it is undertaken.
.png)
.png)