breach of compromise agreement by employer.

1356772

Comments

  • LadyMissA
    LadyMissA Posts: 3,263 Forumite
    SarEl wrote: »
    This has nothing at all to do ACAS - it isn't even employment law. Which of course you don't know because you just keep going telling people that your opinion is authoratative when you have utterly no experience to base it on.

    You have been told myriads of times that what an HR manager might once of have you, or what happened in a previous job, is not actually the law. Stop telling people that it is!
    ok well I didnt know lying was legal either

    So you are saying if an employer lies on a reference they can?
  • Milkshock
    Milkshock Posts: 402 Forumite
    SarEl wrote: »
    What did they say, and what evidence do you have that they said it?

    the 'second' reference given to the prospective employer was outlined to me in the withdrawal letter part of which stated something along the lines of

    'We have also contacted your other referee, --- and in addition the ---- human resources section. It has been confirmed to us that there were disciplinary incidents involving or related to allegations made by colleagues complaining about your behaviour, including one matter pending when you left the employment of the ----.
    and I asked you specifically in our meeting yesterday whether there had been any disciplinary matters or allegations against you and you denied this.'

    none of this was mentioned in the agreed CA reference.
  • SarEl
    SarEl Posts: 5,683 Forumite
    LadyMissA wrote: »
    ok well I didnt know lying was legal either

    So you are saying if an employer lies on a reference they can?

    Did I say that? Did you listen to the HR manager just as closely? There is utterly no evidence that the employer has lied at all - in fact it is entirely likley that they have told the truth. The compromise agreement is more likley to be the "lie" - misleading at best.

    The issue is whether the compromise agreement has been breached. Not what the truth is.

    And negligent misstatement - the law under which a reference which is misleading or untruthful will never pay out a lifetimes earnings. Not that this is relevant because it is totally different law - breach of a compromise agreement is contract law.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 1:25PM

  • LadyMissA
    LadyMissA Posts: 3,263 Forumite
    SarEl wrote: »
    Did I say that? Did you listen to the HR manager just as closely? There is utterly no evidence that the employer has lied at all - in fact it is entirely likley that they have told the truth. The compromise agreement is more likley to be the "lie" - misleading at best.

    The issue is whether the compromise agreement has been breached. Not what the truth is.

    And negligent misstatement - the law under which a reference which is misleading or untruthful will never pay out a lifetimes earnings. Not that this is relevant because it is totally different law - breach of a compromise agreement is contract law.

    So the OP is lying - I am sure they would know what's in the agreement, no? The truth is what they have agreed to say not what really is the truth and if they have broken the agreement to say one thing and now saying another that's ok is it? I obviously have no idea so thats why I ask

    I am asking you a question as you know the law and I don't, can an employer say you were sacked maybe if you just left on your own or was made redundant?

    How would you ever know they are doing that?
  • SarEl
    SarEl Posts: 5,683 Forumite
    Milkshock wrote: »
    the 'second' reference given to the prospective employer was outlined to me in the withdrawal letter part of which stated something along the lines of

    'We have also contacted your other referee, --- and in addition the ---- human resources section. It has been confirmed to us that there were disciplinary incidents involving or related to allegations made by colleagues complaining about your behaviour, including one matter pending when you left the employment of the ----.
    and I asked you specifically in our meeting yesterday whether there had been any disciplinary matters or allegations against you and you denied this.'

    none of this was mentioned in the agreed CA reference.

    Hmm - I think you do have to do as I told you before and see a lawyer in contract law (which is not my primary area of law). If the former employer was specifically asked the question, then compromise agreement or not, there may have been cause for the employer to have to answer. Without knowing the circumstances I couldn't really say for sure. Certainly your former employers should have taken legal advice before saying anything. However, there is another glitch here - they asked you directly, and you denied it. Since they already knew the truth, then withdrawal of the offer was just a likely based on your response to a direct question which they already knew the truth of. And the fact that a former colleague tipped them off in the first place only complicates things more.

    I don't know what happened when you left, or the exact circumstances of the questions - or even, to be honest, if the letter is telling the truth and your former employer did say anything! But certainly, whatever the case, legal advice has to be the only way to go.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 1:26PM

  • SarEl
    SarEl Posts: 5,683 Forumite
    LadyMissA wrote: »
    So the OP is lying I also did not say this! Stop making up things that you think I have said. -

    I am sure they would know what's in the agreement, no? The truth is what they have agreed to say not what really is the truth Really? Rubbish. The truth is not what they have agreed to say - even by the OP's version of events the truth is that they did not disclose the ciruc mstances under which the OP actually left. I make no comment on whether the OP or the employer was in the right - but compromise agreements often compromise "the truth"!

    and if they have broken the agreement to say one thing and now saying another that's ok is it? I also did not say that, did I? I asked what eveidnece there was of what the former employer allegedly said. Given that it was actually another ex-employee who ratted the OP - not the employer. I do not know the circumstances of how the new employer braoched this with the old one - despite what they have said I do not even know if they are telling the truth in what they say. So how do you know all these things for an absolute fact?

    I obviously have no idea so thats why I ask Yes, I agree.

    I am asking you a question as you know the law and I don't, can an employer say you were sacked maybe if you just left on your own or was made redundant? No. But that is a different matter entirely. The employer, if they have said anything, has told the truth! That is what you don't get - they told the truth. The question is whether they should have done.

    How would you ever know they are doing that?

    You are utterly confusing several very different areas of law because you don't know what you are talking about. That isn't a reason why you shouldn't express an opinion. But you keep on posting absolute answers to people saying that you know something for a fact when you do not. That is misleading people and isn't helping them at all. If you don't know something, make it clear that it is an opinion.
  • Emmzi
    Emmzi Posts: 8,658
    Combo Breaker First Post
    Forumite
    Milkshock wrote: »
    could you give me examples of where an employer may 'have' had to answer direct questions, despite the presence of a CA?


    Here, you are getting into an area where there are very few examples that have gone to court, and you need a specialist. Otherwise you will be getting a load of "my mate down the pub reckons.."

    Specialist lawyer. Seriously.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 1:26PM

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