“Key Differences Between Settlement Agreements and COT3s – Quick Reference”

Who is involved?

  • Settlement agreement: employer and employee, usually via solicitors.
  • COT3: parties plus an Acas conciliator.

When used?

  • Settlement agreement: at any stage, with or without a Tribunal claim.
  • COT3: typically when there is a Tribunal claim or early conciliation.

Legal advice required?

  • Settlement agreement: independent advice is a legal requirement.
  • COT3: not mandatory, though strongly advisable.

Content

  • Settlement agreement: broader, covers references, restrictions, tax.
  • COT3: often shorter, focused on settling claims.
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