In these circumstances, the court will enumerate a preliminary hearing to decide, with the assistance of the conciliator, whether or not an agreement has been reached between the parties. ACAS must actively participate in the settlement of the dispute and the agreement on the text of the COT3 agreement. ACAS cannot help if the parties have already found a solution and an agreed text and only ask the CAAs to approve it. Once the text is adopted, ACAS will declare that a binding agreement has been reached. This is the only type of agreement in the law that is verbally binding. The parties may not then terminate the agreement, even if they have not yet signed the written copy of the agreement. In cases where payment is not made, the first step is to contact the ACAS Mediator, who can remind the defendant of their obligations under the COT3 Agreement. However, if the defendant still does not comply, the worker is free to enforce the agreement through the courts in the same way as an unpaid judgment. Yes, a COT3 is applicable in the same way as other court decisions or legal agreements. They also qualify for the application of the ACAS and the Fast Track Scheme by the Labour Court.
Before asserting a remedy, employees must first inform the Advisory Conciliation and Arbitration Service (ACAS) of their workplace dispute. At this stage, early mediation is offered to the parties, a procedure in which the potential plaintiff and the defendant have the opportunity to reach an agreement without resorting to legal proceedings. As a rule, a transaction agreement will take the form of a long agreement (about twenty pages are not unusual) with a consultant certificate to attach. As a rule, there is also an agreed reference and a very long list of claims that you settle. If you have concluded an agreement with your employer and the employer has been notified to the mediator, the agreement cannot be changed. You must ensure that you agree with the conditions set before communicating them to the mediator. If a COT3 has been created, check the final version and make sure you are satisfied with all the conditions. If the agreement is not very clear, it will only govern the procedures set out in the agreement. Any general wording (such as « for the full and final settlement of all claims that the candidate may have against the defendant arising out of his employment relationship or termination ») is considered limited to the claims contemplated on that date. Therefore, in order to avoid the risk of future claims, a specific reference should be made to any future claims.