breach of compromise agreement by employer.

Milkshock · 14 August 2011 at 4:54PM

Emmzi wrote: »

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.

thanks - any names?

LadyMissA · 14 August 2011 at 4:55PM

SarEl wrote: »

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.

clam down dear!

LOL yeah ok I don't know what I am talking about thanks but at least I am not PATRONSING!

So as you know everything I ask you again what can you do if an employer lies on a reference. (yes and I know this is not the OP question)

SarEl · 14 August 2011 at 4:57PM

Milkshock wrote: »

my denial took place due to being bound to the terms by the compromise agreement and specifically its reference - is that no defence?

again i dont see the point of an agreed reference at all if the employer can say whatever they like under highly questionable intervention of an ex-employee.

does the fact that initial CA reference was passed off as OK and a contract was issued to me make any difference to this already complex plot?

could you give me examples of where an employer may 'have' had to answer direct questions, despite the presence of a CA?

Certain types of employer must tell the truth if asked - in some cases whether asked or not and no matter what a compromise agreement says. Financial services, education, law enforcement... and my own, the law.

I honestly can't comment on the rest because I don't know the details. It wouldn't be the first time that an ex-employee (or even a current one) or a customer has told all. In such circumstances it is almost impossible to do anything about it. The difference here is that the employer allegedly said something too - that may make the difference, but again it is impossible to comment without full details (including from them). If they deny having spoken to the new employer, you are left with the new employers word alone unless they are able and willing to provide you with proof that they are telling the truth. Since you can take no action against the new employer - it is up to them whether they employ you or not - then you would be stuck. And TBH - it wouldn't be the first time that I have seen a new employer lie about speaking to the old one!

SarEl · 14 August 2011 at 4:59PM

LadyMissA wrote: »

clam down dear!

LOL yeah ok I don't know what I am talking about thanks but at least I am not PATRONSING!

So as you know everything I ask you again what can you do if an employer lies on a reference. (yes and I know this is not the OP question)

Really DEAR? I have already told you what you can do if an employer lies on a reference. I suggest you try reading the posts.

LadyMissA · 14 August 2011 at 5:00PM

SarEl wrote: »

Really DEAR? I have already told you what you can do if an employer lies on a reference. I suggest you try reading the posts.

hmm looked back and can't see that but then I am really thick so maybe I can't read also

how would you know they have lied - hmmm

t0rt0ise · 14 August 2011 at 5:02PM

LadyMissA wrote: »

how would you know they have

If a job offer is withdrawn because of a bad reference, you ask to see the reference and then you will know.

Milkshock · 14 August 2011 at 5:03PM

SarEl wrote: »

Certain types of employer must tell the truth if asked - in some cases whether asked or not and no matter what a compromise agreement says. Financial services, education, law enforcement... and my own, the law.

I honestly can't comment on the rest because I don't know the details. It wouldn't be the first time that an ex-employee (or even a current one) or a customer has told all. In such circumstances it is almost impossible to do anything about it. The difference here is that the employer allegedly said something too - that may make the difference, but again it is impossible to comment without full details (including from them). If they deny having spoken to the new employer, you are left with the new employers word alone unless they are able and willing to provide you with proof that they are telling the truth. Since you can take no action against the new employer - it is up to them whether they employ you or not - then you would be stuck. And TBH - it wouldn't be the first time that I have seen a new employer lie about speaking to the old one!

the new employer must have spoken to the old employer due to the level of detail given in the letter surrounding the circumstances of my departure. they also named specific names in the organisation who divulged this information in the letter. surely the existence of that letter alone would be enough to cause the old employer serious issues in court even if they denied any discussions took place?

i work in none of those industries that you name above and certainly there is no legal requirement to disclose in the industry in which i work.

LadyMissA · 14 August 2011 at 5:04PM

t0rt0ise wrote: »

If a job offer is withdrawn because of a bad reference, you ask to see the reference and then you will know.

that's if you got an offer to begin with - they may just get a ref and you get turned down & you'd not know why

Milkshock · 14 August 2011 at 5:13PM

i have spoken to acas already and in their opinion given the facts i have told them i can take ex employer to the cleaners, and primarily due to what the new employer has said re. discussions between themselves and ex employer . but that's just their opinion.

Emmzi · 14 August 2011 at 5:20PM

acas are mediators an their contact centre staff does not have the best reputation.

breach of compromise agreement by employer.

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