Employment and Support Allowance (ESA)
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COT3 Settlement Agreement

RSISolutionsRSISolutions Member Posts: 113 Courageous
What should a disabled employee specifically look for in a settlement agreement? 


  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Settlement Agreements (SA)
    • All monies due up to the "Settlement Date" including salary, overtime, pay in lieu of owed holidays/perks (non-negotiable.)

    • Compensation for loss of employment (negotiable)

    • All costs, such as the solicitor and travel to/from same (non-negotiable.)

    • A official letter of reference signed by an appropriate company officer and on headed paper drafted by the employee (non-negotiable.)

    • A gagging clause that is equal to both parties such that it can be admitted that there is an SA but its terms are confidential. (non-negotiable.)

    • All usual standard terms of an SA such as "full and final settlement."

    Seeing a solicitor is compulsory but they must be skilled and experienced in this specific field !

    If an employer has been so inappropriate as to have caused an SA to be offered then expect them to be incompetent and inappropriate during negotiations.
    I have had calls at home bypassing the solicitor so the company owner could scream at me and call me an extortionist !

    If an SA is even suggested by an employer;
    • Stop talking immediately and put it in the hands of a good solicitor.
    • Do not listen to any suggestions from the employer. Especially if it is that "they have used XYZ Solicitors in the past."
    • Ignore any document given to you by the employer. Your solicitor will do the drafting.
    • It is not compulsory. Ask your solicitor if the offered terms are better than a Tribunal is likely to offer.

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    edited October 2017
    Hi @RSISolutions,

    Hopefully some other members of the community will be able to share their experiences and help you out with this. In the meantime, in case you haven't seen these already, there's some more information on settlement agreements on this Citizens Advice page (about halfway down). There's also some information specifically about COT 3 agreements on this page.

    Hope this helps!
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    The terms an employee should seek ought to be the same for an informal SA or a formal SA where they have already gone to ACAS (COT3.)

    I would strongly recommend seeing a solicitor even though it's not compulsory when going to ACAS (COT3) prior to Tribunal.

    I second @PippaScope 's advice to read up first.
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