About Me

I’m a Barrister at Atlantic Chambers looking at various aspects of Employment Law including new developments in case law and legislation.

COT3 agreements and preventing Claimants giving evidence in other proceedings

I was asked an interesting question recently by a reader as to whether COT3 clauses which seek to prevent Claimants from giving evidence in other Employment Tribunal claims brought against the same employer, could be enforceable.

I do not recall coming across such clauses personally, but it perhaps is no surprise that some employers, [...]

COT3s as an alternative to Compromise Agreements - The Section 147 Headache


Section 147 and Compromise Agreements


The Law Society’s practice note on Compromise Agreements dated 13th January 2011 provides useful assistance to solicitors who advise employees or employers in relation to compromise agreements that contain provisions relating to statutory claims for discrimination within the ambit of the Equality Act 2010 (“the Act”).

As stated in the Law Society’s practice note, Section 147 of the Act sets out the requirements that must be satisfied in order to properly settle claims under the Act by way of compromise agreements. Section 147 is intended to provide a safeguard for employees who may not otherwise understand the full implications of a compromise agreement and crucially, it stipulates that complainants must receive advice from an ‘independent adviser’ about the terms and effect of any compromise agreement. Continue reading COT3s as an alternative to Compromise Agreements – The Section 147 Headache