ACAS conciliator rejects COT3 agreement agreed by the parties

[clana]

I have issued a claim against me employer to the Employment Tribunal.

I have been contacted by ACAS and an ACAS conciliator has been appointed.

My employer accepts to conciliate.
.
My employer’s legal representative sent to me a copy of a COT3 agreement so that I approve it.

I contacted my ACAS conciliator and my employer’s legal representative to inform them that I agree with the terms of this COT3 agreement.

Unfortunately, our ACAS conciliator informed the parties that he refuses to declare that we have a legally binding agreement because there are some words in the terms of the COT3 that he does not like.

I have looked in the rule of ACAS in its website

https://www.acas.org.uk/early-concil...iliation-works

where it is stated the following:

“If you reach an agreement
Once you and the respondent reach an agreement, we'll write up what you agree in a settlement form called a 'COT3'.

It's important that it's right for you. Once you and the respondent agree to it, you’ll have to keep to it – even if you have not signed it yet. A settlement is legally binding.

We'll send it to both you and the respondent to sign.”

And, I would like to know if I am right to think that my ACAS conciliator is wrong to refuse to inform the parties that they have a legally binding agreement, to write up the COT3 and to send it to the parties for the following reasons:

• According to ACAS’s rules when the claimant has accepted the terms of the COT3 sent to him by the Respondent’s representative a legally binding agreement is '‘automatically'’ created without the need of the approval of a third party like for example my ACAS conciliator

• ACAS is not a party to a COT3 agreement, My ACAS conciliator does not sign it so it should not have the power to reject the terms of the COT3 agreement agreed by the parties.

• The role of the ACAS conciliator is to help to secure early conciliation not to make it failed.

• The COT3 agreement sent to me and that I have accepted is drafted by a professional lawyer.

• In the list of the tasks of the ACAS conciliator in the ACAS website there is not the approval by the ACAS conciliator of the terms of the COT3 agreement agreed by the parties. Hence, the role and the duty of the ACAS conciliator is to inform the parties when they have a legally binding agreement and to write up the COT3 agreement and to send it to the claimant so that he signs it and send it to the Respondent so that he signs it also and send it back to the claimant

[atticus]

What are the words that are not approved?

[clana]

I cannot tell you for a question of confidentiality

[atticus]

Then you leave me unable to comment.

[clana]

I cannot tell you what are these words for a question of confidentialiy beause each word is speicific

However, it is irrelevant because my thread is not about whether or not these words render void the COT3 agreement and as a consequence my ACAS conciliator was right to refuse to declare that we have a legal binding agreement because it is about whether or not our ACAS conciliator has the right to refuse to delcare that we have a legal binding agreement and to refuse to write it up and send it to me even though according to ACAS rule when a claimant accept the terms of the COT3 sent to him by the Respondnet this create a legal binding agreement even though the COT3 has not yet beein sighed

[dslippy]

On thosee terms, you appear to be correct, but there remains an unlikely possibility that you have not reached agreement even though you think you have..

[clana]

I would be grateful to you if you expand a little bit and explain which could be this "unlikely possibility"

I have to say that the two words that my ACAS conciliatior does not like are normal words, they are not offensive words or swearing words.

He wants that these two words are replaced by two other words but according to English language they mean the same, It is a litte bit of a mystery.

[atticus]

50p says he will need to see the wording.

[clana]

I cannot tell me what are the words that my ACAS conciliatior does not like because the parties will identify themselfves what will be embarassing..

We have to take into account that this forum operates under anonymity

[atticus]

Have you asked the nice man from ACAS why, and what modifications might be helpful?

[clana]

I have nformed my ACAS conciliattor that according to ACAS rules I have a legal binding agreement, He replied to me that I cannot have a legally binding agrement until an ACAS conciliator has declared it legally binding and he refuses to do this until the Respondent has not amended the COT3 agreement by removing two words put together that he does not like