Can ACAS be in the wrong?

[becky2585]

In basic terms, even a verbal agreement, when agreed through ACAS, is binding. You don't have to sign the COT3 to enforce withdrawal of the claim.

 

You will probably, depending on the wording, need to sign it before you receive your compensation, though.

[becky2585]

As indicated above - the situation was not ACAS' fault. The 5pm deadline would have been out forward by the Respondent, not ACAS - and you chose to accept the offer, pressure or not!

 

Don't shoot the messenger - they are an impartial go between who act on the parties' instructions. They don't impose deadlines themselves.

[becky2585]

Hi Becky,

 

Thank you for your response. Here's what my common sense would suggest though:

 

If this situation was created directly by the responded I could dispute it because it wasn’t fair to pressure someone to make a decision within few hours and without any legal advice.

 

Because Acas acted as a ‘messenger’, I can no longer dispute this, yet the circumstances were the same.

 

This therefore makes Acas more than just a ‘messenger’. If you can’t dispute decisions done under Acas, that means Acas has to take the responsibility of making sure the adequate level of fairness is considered. If fairness is not at all considered, then Acas would be just that, a ‘messenger’, but then it should be disputable.

 

It's a fair point. Had you negotiated direct with the respondent, you could have changed your mind. As you know, you can't through ACAS.

 

Possibly the problem here was a lack of legal representation which caused you to cave (and unwillingly settle the case).

 

A settlement is only binding once TERMS, rather than just the AMOUNT, has been agreed though. Had you agreed a COT3?...