The settlement agreement should specify that once it has been signed by all parties, it will become “open”, that is: the opposite of “without prejudice”. d. the creation of an environment that significantly penalizes the employee during the process. Examples (individually or cumulatively) may be: meeting night workers during the day; to have the meeting in unfavourable or remote locations; insufficient announcement of meetings; not provide a copy of the proposed comparison at an early stage.  Payment and schedule details should be included in the agreement. Any payments should be made as soon as possible after the agreement has been reached. ACAS can settle labor court claims (and potential claims) with a particular type of agreement called COT3. Parties to a COT3 do not need to be represented by lawyers. Apart from a settlement agreement, a COT3 is the only other legally effective way for a worker to waive their labour rights.