McLean v TLC Marketing Plc: One of the advantages of COT3 agreements over compromise agreements is the greater certainty that the COT3 provides when it comes to the employee waiving future statutory claims of which the employee and employer have no (and can have no) knowledge at the time the settlement is agreed. However, in this case, the EAT reaffirmed that such a waiver of future claims will only be effective if the waiver is expressed in language that is absolutely clear and leaves no room for doubt as to what the parties are agreeing. Here, the relevant clause in the COT3 did not meet this test and as a result Mrs McLean was entitled to bring a claim in the employment tribunal that her employer's breach of the COT3 amounted to victimisation.