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COT3 breach accusation

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  • COT3 breach accusation


    I am currently looking for some advice with regards to an employment dispute, using ACAS as the go between, which had almost been resolved in favour of the employee.
    Now here’s the problem...
    A COT3 had been signed and a copy sent to the employer (who hasn’t signed and returned) who has now decided to seek legal advice with regards to section 4a, the confidentiality section. This section states that the claimant ( being the employee) must not discuss any outcome of settlement with any other person other than close family. This has 100% been followed by the claimant but the employer has come back stating several members of his staff have been informed by the claimant of the outcome.
    We know is this absolute bull and they will have no evidence of this taking place.
    ACAS have informed the claimant that they will try to resolve this with the employer to yet we have heard nothing.
    Has anyone else come across this happening and has it been resolved/dealt with and what was the outcome?
    Many thanks
    Tags: None

  • #2
    I have not actually dealt with this situation directly but the employer should be asked by ACAS to provide the evidence against which they are saying the employee has not complied with this confidentiality section. This evidence should be then discussed with the employee so that their version of the situation can be made clear to ACAS.

    My suspicion is that maybe the employer is trying to use this as a way to "get out of" whatever has been agreed in the COT3, particularly if there was a financial settlement. I presume that there was a verbal agreement to the settlement in advance of ACAS preparing the COT3? There is normally, in any agreement like this between employer and employee to end employment, some form of confidentiality clause was this mentioned prior to it being seen in the written agreement?
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