Can ACAS reissue COT3 with changes after it's been signed?

[MM777]

Hello, I'm hoping someone can advise me.

 

I started tribunal proceedings against my former employer who was refusing to give me redundancy pay. Before the hearing date, they offered to settle out of court, and although the sum was less than I was owed, I agreed. ACAS issued a COT3, which I signed and sent to the Respondent, who signed it and sent it back to me. This was a week ago, and I have been checking my bank balance daily to see if the money's been paid. As yet, it hasn't.

 

Today, my ACAS rep has asked me to print off and sign another COT3. He says the Respondent has requested that the names of the Respondent's Representatives be added to the COT3 (not a usual addition, apparently) as per the draft agreement, and he has agreed to reissue it. Can ACAS insist that I print off, sign and send out another COT3 (at extra cost to me) when the Respondent has already signed one? My instinct is to tell ACAS that the Respondent should have checked the agreement properly before signing it, and that I'm not signing another. After all, they've caused me months of stress and still got away with paying me less than the full amount, so why should I do them any favours? But am I just being petty?

 

Hoping someone can help. Many thanks.

[becky2585]

I think you're right. They would need a separate COT3 for the other Respondent.

 

I'd be inclined to refuse to agree to any new terms, it's their error after all.

[steampowered]

Personally I would just sign it. Perhaps you could say you will sign it on condition that you get paid very promptly, given the time you have been left waiting (e.g. say you will sign it on condition there is a new clause which says you must be paid by 15 August).

[MM777]

Thank you so much, becky2585 and steampowered, for your responses. I'm still not sure what to do, although I like the idea of getting ACAS to add a clause about a specific date for payment. Think I'll ring the ACAS rep tomorrow and run it past him. Will keep you updated!

[MM777]

The ACAS rep says he cannot amend the COT3 to include a specific date for payment, though the respondent has "assured" him payment will be made on time. Not sure that I'm willing to believe any assurances given by an employer who refused to make statutory redundancy payments until legal proceedings were brought against them, but I can't helping thinking the sooner this whole business is over the better, so I've signed it. Whether they pay up on time or use the reissued contract as an excuse to delay for another 28 days remains to be seen.