• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • If you need a solicitors help with your employment issue you can find and rate firms on our sister site, JustBeagle.com

    You can obtain Free Expert & Confidential ACAS Code Based Employment Law Advice directly from ACAS by calling 0300 123 1100. It is available Monday to Friday 8am-6pm. Or visit their website at ACAS.ORG.UK
  • LegalBeaglesģ is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

COT3...Is this worth dealing with?

  • Filter
  • Time
  • Show
Clear All
new posts

  • COT3...Is this worth dealing with?


    To try and keep this short, I agreed a COT3 with an ex-employer last year. I was taking them to court for disability discrimination and they settled. ACAS were due to negotiate everything but messed up and some things were left out, like the reference weíd agreed. They have since investigated and apologised but as the COT3 is already finalised, nothing could be done. We did agree that we would tell people Iíd moved on to explore new opportunities but that didnít make it into the final draft.

    I had two messages via a social media site last week, both which refer to confusion over why I left. One says ďI got the strong impression that it wasnít your choice to leaveĒ, the other is very similar and asks if Iím alright and if Iíve got back on my feet. Itís clear they both know something happened, and they (plus others) have alluded to me being let go.

    Iím in an industry where reputation is really important. The company have been really awful since this started, they didnít return the items they promised to and instead sent me a box of rubbish, for example. Itís all been very stressful.

    Anyone got an opinion on whether itís worth talking to ACAS or a solicitor again? Two of these people own the other companies Iíd be likely to get a local job with, so it will effect me if they think I was sacked. I donít really want to take them to court, but I do want them to leave me be!
    Tags: None

  • #2
    Unfortunately, it is not enough to agree a good reference, the reference needs to be included as a term of the COT3 also, once COT3 terms have been agreed and completed it can often be difficult to challenge the validity of the agreement. Whether this would cover the fact that an agreed form of reference did not actual ďmake itĒ into the contract I am not sure.

    I presume that so far you are not in a situation where a reference has been requested. However given what you have heard I should think you are wondering what your ex-employer might say on any reference request without an agreed form of words being in the COT3, particularly in relation to the reason for leaving.

    If there was an issue with ACAS, then it may be worth speaking to them in the first instance about whether there is anything that can be done post the COT3 in regard to an agreed reference.

    Generally, on references an employer does not have to give a work reference - but if they do, it must be fair and accurate. They can be brief and only give factual information such as job title, salary and employment dates.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.

    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page


    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.



    Employment Law

    Are you having problems with your employer ? Unfair Dismissal, Redundancy, Problems with Pay, Contract Issues, TUPE etc.
    See more
    See less

    Court Claim ?

    Guides and Letters

    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm