breach of compromise agreement by employer.

Milkshock
Milkshock Posts: 402 Forumite
edited 2 November 2011 at 1:22PM in Employment, jobseeking & training

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  • ohreally
    ohreally Posts: 7,525
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    Have a word with the solicitor who advised at the time the content was agreed.

    You should have a copy signed by the employer at sign-off, can you get you hands on the version supplied to the prospective employer?
    Don’t be a can’t, be a can.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 1:22PM

  • ohreally
    ohreally Posts: 7,525
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    Was union solicitor involved?
    Don’t be a can’t, be a can.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 1:22PM

  • ohreally
    ohreally Posts: 7,525
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    Milkshock wrote: »
    why is that important?


    If union legal department handled the initial case, contact them (legal officer) to advise on current developments even if no longer a member.
    Don’t be a can’t, be a can.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 1:23PM

  • k3lvc
    k3lvc Posts: 4,175
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    Just for clarity (and in no way intending to judge) - your compromise agreement was as a result of a disciplinary incident. You were asked specifically in the interview whether you had a disciplinary record or allegations and you denied this. Is there likely to have been enough doubt in the potential employers mind that they have asked this question directly to your ex-employer in which case irrespective of any agreed reference I'd expect them to have a duty to answer a direct question honestly ?
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 1:23PM

  • k3lvc
    k3lvc Posts: 4,175
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    Milkshock wrote: »
    my CA was actually the result of redundancy and my wish to go out on the best terms possible with particular regards to references.

    there had been no hearing and neither had any investigation had begun prior to my leaving the organisation, although a date was set for an investigation meeting.

    i would argue that the agreed reference and its omission of any allegations/incidents suggest that any allegations/incidents were not of that serious a nature.

    there are a couple of other factors that i need to make clear.

    initial references were sent out from the employer in line with the CA, which were cleared, I was offered a contract which I signed and returned to them.

    the new organisation was tipped off by an ex employee about the fact that my previous employment had certain issues. the new employer then contacted the old employer at which point the agreed reference, was, in my opinion, broken.

    In which case I'm interested what the experts have to say. I'd expect the CA to be provided as a first request but if the new employer came back with a specific request I can't imagine that your ex-employer would misrepresent the situation (or ignore the question)
  • LadyMissA
    LadyMissA Posts: 3,263 Forumite
    Milkshock wrote: »
    when i left my employment i signed a compromise agreement which had an agreed reference attached to it.

    i recently secured another post which i was accepted for subject to references. to cut a long story short, my prospective new employer received a different reference to the one agreed by previous employer (variation confirmed by the prospective new employer in writing), and as a result my job offer was withdrawn. essentially the reference ultimately received by my new employer stated that I was unemployable, something the agreed reference clearly did not.

    i assume this is a breach of contract, and as such is to do with contract law rather than employment law.

    does anyone have any experience of dealing with breaches of compromise agreements, and the sums involved in payouts as a result of something like this?
    do you have this agreement in writing?
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