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breach of compromise agreement by employer.
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# 1
Milkshock
Old 14-08-2011, 3:00 PM
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Default breach of compromise agreement by employer.

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# 2
ohreally
Old 14-08-2011, 3:15 PM
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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?
Imagination is a mental faculty that serves as a coping mechanism for those who can't or won't accept reality - unicorns and dragons and wives who don't nag, are all figments of the "imagination".
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# 3
Milkshock
Old 14-08-2011, 3:24 PM
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# 4
ohreally
Old 14-08-2011, 3:25 PM
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Was union solicitor involved?
Imagination is a mental faculty that serves as a coping mechanism for those who can't or won't accept reality - unicorns and dragons and wives who don't nag, are all figments of the "imagination".
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# 5
Milkshock
Old 14-08-2011, 3:27 PM
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# 6
ohreally
Old 14-08-2011, 3:34 PM
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Quote:
Originally Posted by Milkshock View Post
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.
Imagination is a mental faculty that serves as a coping mechanism for those who can't or won't accept reality - unicorns and dragons and wives who don't nag, are all figments of the "imagination".
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# 7
Milkshock
Old 14-08-2011, 3:35 PM
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# 8
k3lvc
Old 14-08-2011, 3:43 PM
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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 ?
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# 9
Milkshock
Old 14-08-2011, 3:53 PM
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# 10
k3lvc
Old 14-08-2011, 4:01 PM
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Quote:
Originally Posted by Milkshock View Post
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)
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# 11
LadyMissA
Old 14-08-2011, 4:08 PM
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Quote:
Originally Posted by Milkshock View Post
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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# 12
Milkshock
Old 14-08-2011, 4:10 PM
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Quote:
Originally Posted by LadyMissA View Post
do you have this agreement in writing?
yes of course, signed by lawyers for both sides.
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# 13
LadyMissA
Old 14-08-2011, 4:18 PM
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Quote:
Originally Posted by Milkshock View Post
yes of course, signed by lawyers for both sides.
then I am telling you , you can sue them for loss of earnings at a tribunal

Loss of earning is your salary x the years left to work till you retire!
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# 14
LadyMissA
Old 14-08-2011, 4:21 PM
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send your last employer a copy of that letter, plus the reference they sent your job & the letter you got saying offer is withdrawn and a letter saying if you do not get a significant pay out you will take them to court!! Do it, they can not get away with it.

Call ACAS and a lawyer tomorrow!
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# 15
SarEl
Old 14-08-2011, 4:23 PM
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Quote:
Originally Posted by Milkshock View Post

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.
I presume that you are also "nuthome"? On another forum.

The employer provided the agreed reference. They did not therefore breach the compromise agreement in doing so. Another "ex-employee" is not under their control and has not acted on their behalf in tipping off the new employer. They are not liable for that.

Your opinion on whether it was breached or not is not relevant and certainly carries no weight in law. What evidence do you have that it was breached?
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# 16
Milkshock
Old 14-08-2011, 4:25 PM
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# 17
SarEl
Old 14-08-2011, 4:25 PM
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Quote:
Originally Posted by LadyMissA View Post
then I am telling you , you can sue them for loss of earnings at a tribunal

Loss of earning is your salary x the years left to work till you retire!
On what basis are you saying this? Which laws are you using and case precedents. Because it is, of course, utter rubbish.
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# 18
Milkshock
Old 14-08-2011, 4:26 PM
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# 19
SarEl
Old 14-08-2011, 4:28 PM
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Quote:
Originally Posted by LadyMissA View Post

Call ACAS and a lawyer tomorrow!
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!
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# 20
LadyMissA
Old 14-08-2011, 4:29 PM
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Quote:
Originally Posted by SarEl View Post
On what basis are you saying this? Which laws are you using and case precedents. Because it is, of course, utter rubbish.
The HR manager at Balfour Beatty told me that but nevermind I guess you are correct
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