COT3 clause

Acas will normally draw up the agreement using a standard form known as a “COT3” when the settlement of a dispute between you and an employee is reached through Acas. This is an example of the wording that can be used on the form in relation to such a settlement.  Note that this is an example only and should be adapted to your needs.  Additional wording may also be adapted from our settlement agreement for inclusion.   

Early conciliation requirement

A mandatory early conciliation (EC) scheme is in operation which ensures that an aggrieved employee is not able to issue an employment tribunal claim until they have first obtained an EC certificate from Acas. This requirement applies to most of the main tribunal claims (e.g. unfair dismissal, working time, national minimum wage and discrimination claims).  Participation is entirely voluntary though and, if either party does not wish to participate, Acas will still issue an EC certificate which will enable the employee/ex-employee to proceed and bring a tribunal claim.