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ACAS COT3 vs settlement agreement: what's the difference?

Both end a workplace dispute with a payment in exchange for waiving claims. But they're reached differently, and that difference matters.

What is a COT3?

A COT3 is a settlement reached through ACAS (the Advisory, Conciliation and Arbitration Service), usually once you've either started the mandatory Early Conciliation process or already lodged an employment tribunal claim. An ACAS conciliator acts as a neutral go-between, and if both sides agree terms, they're recorded on a COT3 form. See ACAS's Early Conciliation guidance for the source.

What is a settlement agreement?

A settlement agreement is a direct contract between you and your employer, negotiated without ACAS in the middle, and it legally requires you to get independent legal advice before it's valid.

What are the key differences between a COT3 and a settlement agreement?

COT3Settlement Agreement
Who's involvedAn ACAS conciliator facilitatesDirect negotiation between you and your employer (often through solicitors)
Independent legal adviceNot legally required for validityLegally required for validity
When it's typically usedDuring Early Conciliation or an active tribunal claimUsually before any tribunal claim is lodged
SpeedCan sometimes be quicker, with less paperworkCan take longer due to the advice requirement, but often more thorough

Why does the settlement agreement advice requirement matter?

Because a COT3 doesn't require independent legal advice, it's entirely possible to agree one without a solicitor checking it over. Which means the responsibility for understanding what you're giving up falls more heavily on you and, informally, on the ACAS conciliator, who is neutral and doesn't advise either side. If you're offered a COT3, getting your own independent advice is still a very good idea, even though it's not compulsory.

Which one applies to you: a COT3 or a settlement agreement?

If you've already started Early Conciliation or lodged a tribunal claim, you're likely looking at a COT3. If your employer has approached you directly, before any tribunal process, you're likely looking at a settlement agreement. Either way, the underlying question. Is the offer fair, and what am I giving up. Is the same.

Been offered either a COT3 or a settlement agreement and want a plain read on it? Get free advice and help.

Frequently asked questions

Is a COT3 legally binding like a settlement agreement?
Yes. Once signed, a COT3 is just as legally binding and will similarly prevent you bringing most related claims, even though independent legal advice isn’t a legal requirement for it to take effect.
Should I get a solicitor to check a COT3 even though it’s not required?
It’s a good idea. Just because independent advice isn’t compulsory for a COT3 doesn’t mean it isn’t valuable. You’re still giving up real legal rights.
Can I get a settlement agreement instead of a COT3?
Once you’re in ACAS conciliation or a tribunal claim, a COT3 is the standard route, but the two aren’t mutually exclusive in every case. Ask your solicitor or ACAS conciliator about your specific options.

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