A transaction contract is a legally binding contract between a worker (or worker) and an employer whereby the worker (or worker) for remuneration, usually on a financial basis, agrees to enter into the contract and waive his right to bring the employer before an employment tribunal or court for any rights he may have arising from his employment or termination of employment. It can also be used in cases where an application for an employment tribunal has already been made and where the agreement is conditional on the withdrawal of these rights. Mr. Steels entered into a transaction agreement with Duchy Farm Kennels (duchy) after the termination of his employment relationship. Under the agreement, Mr. Steels waived all work rights against the duchy in exchange for compensation to be paid in increments. The agreement contained a confidentiality clause that prevented Mr. Steels from disclosing anything from the agreement to circumstances other than in very limited circumstances. However, the duchy indicated that Mr. Steels had forwarded the transaction agreement to a third party. It was at this point that the duchy terminated the payment of the payments. You should contact the conciliator who will send you a letter confirming that the agreement was reached following the conciliator`s arrest. You should send this and a copy of COT3 to a sheriff`s officer who will make the comparison by the sheriff`s court.
Sheriff`s contact information is available in the telephone directory or via the Society of Messengers at Arms at www.smaso.org website. There are no application forms for Scotland. Sometimes a transaction contract can be used to resolve a dispute when the relationship is not over, for example to resolve a wage or bonus dispute or an isolated right of discrimination. You can refer the transaction to the conciliator who can contact the respondent to remind him of his obligations arising from the transaction and that the transaction can be enforced by the courts. If not, you can go to the respondent or ask your representative if you have anything on it. CASA must be actively involved in the resolution of the dispute and the agreement on the text of the COT3 agreement. ACAS will not be able to assist if the parties have already obtained an agreed resolution and wording and are simply asking the ACA to support them. Once the text has been adopted, ACAS will declare that a binding agreement has been reached. It is the only type of legal agreement that is verbally binding. The parties cannot then cancel the agreement, even if they have not yet signed the written copy of the agreement.