Labour Research April 2018

Law Queries

What is a COT3?

Q. I have been assisting a member with some early conciliation discussions with the Acas conciliation service and her employer. The Acas representative has referred to a “COT3” agreement. What is this?

A COT3 agreement is an Acas form setting out the formal settlement of an actual or potential complaint to the Employment Tribunal (ET), reached with Acas involvement.

Where agreement is reached through Acas, an Acas conciliator will record it on the COT3. This is usually signed by the parties or their representatives, although a COT3 can be agreed verbally through an Acas conciliator. 


The COT3 is a legally binding contract and will usually result in the claimant/prospective claimant being unable to pursue their claim/potential claim in the ET. 


If the employer does not fulfil their obligations under the COT3, under Section 142 Tribunals Court and Enforcement Act 2007, the COT3 can be enforced in the civil courts. As a copy of the COT3 is essential for this, it is sensible for claimants to retain a copy. 


www.acas.org.uk/media/pdf/h/o/Early-Conciliation-explained.pdf