COT3 Help
I've agreed to a settlement through early conciliation, and now at the stage of writing a COT3 agreement. Context is my conciliator has asked me to draft this which I've done, she then picked it apart and I asked for help with the draft but she then pulled the impartiality card. Tried finding resources online but struggling. Here's a brief summary of my COT3 as it stands before I send it to R:
Main terms:
- Full amount payable within 7 days of agreement.
- 8% annual interest (daily accrual) if late.
- If unpaid, I can take enforcement action.
- Payment stated as compensation, paid without deduction of tax (I’m responsible for any tax if it arises).
- On payment, my contract with R ends immediately.
- They agree post-termination restrictions are void and unenforceable (including non-compete / non-solicit).
- Settlement only covers the ACAS dispute and listed claims, not unrelated matters.
- They confirm they are not aware of any claims against me and won’t bring future claims arising from the same dispute.
- Only the settlement figure is confidential.
- I can discuss the dispute in general terms as long as I don’t disclose the amount.
- They agree not to make derogatory statements.
- They must provide an agreed written reference and can’t deviate from it.
My main concern is whether there are any loopholes around:
- them delaying or avoiding payment,
- them later trying to rely on old restrictive covenants if former members contact me for PT,
- the tax wording,
- anything else that looks unusually broad or risky.
I don't want to get this wrong, my conciliator keeps pushing me to legal advice and doesn't help, in dire need to get this closed and paid at this point. Anyone able to help out a guy who's clueless and needs some direction?
u/ApeJamieScarrott — 16 days ago