breach of compromise agreement by employer.

ILW

Milkshock wrote: »

no proof, yes, no direct proof, however taking them to court may well shut them up in the future is all im saying.

as for the organisations position on the CA - I am completely confident they would write me a letter stating the following:

the compromise agreement as it currently stands, and has always stood, since the date of commencement, allows no room for any further dissemination of information about Milkshock to any prospective employer other than the agreed references.

upon verbal or written request by any future employer the organisation shall deny any knowledge of any allegations, claims or issues relating to Milkshock's employment with the organisation that are not in line with the text of the agreed reference.

A denial would be untrue and open them up to litigation. The best you can ask for is a "no comment" reply.

Cheeky_Monkey

Just a thought - I wouldn't be at all surprised if it wasn't a current employee who 'snitched' on you. How likely is it that an ex-employee would have known that you had applied for a job at that company? Presumably, the reference request was sent to HR so the staff there knew about it and one of your former colleagues may not have liked you very much!

That might explain your ex-employer's amenable attitude towards amending the wording of the CA to avoid it happening again.

Having said that, even if that was the case, you'd probably never be able to prove it.

Milkshock

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Milkshock

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ILW

Milkshock wrote: »

and what if they agreed to such a clause anyway?

Then you may have a case, but not retrospectively.

Cheeky_Monkey

I understand what you're saying but I agree with those on here who think that you should not pursue this matter.

Any ruling would surely be predominantly based on the wording of the CA as it stood at the time and, frankly, it's obvious that it wasn't specific enough to avoid what happened.

Apart from anything else, suing someone is a very expensive business and I don't know whether contract law is something covered by legal aid (or whatever it's called these days) which you would presumably need as you're not working.

Milkshock

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ILW

I would suspect that the offer was withdrawn more down to telling lies at the interview than to the actual events with your previous employer.

ILW

Milkshock wrote: »

im thinking of amending it slightly actually, again im sure they will agree:


the compromise agreement as it currently stands, and has always stood, since the date of its commencement, allows no room for any further dissemination of information about Milkshock to any prospective employer other than the agreed reference.

upon verbal or written request by any future employer the organisation shall deny any knowledge of any allegations, claims or issues (including formal disciplinary action, informal action or the existence of any compromise agreement involving Milkshock) relating to Milkshock's employment with the organisation that are not strictly in line with the terms and text of the agreed reference.

again you seem to want them to agree to telling what is blatantly untrue.

dandelionclock30

When you left your previous employment you should have asked them how they were going to respond to direct questions if a questionnaire was sent out.By not clarrifying this is oversight on you and your solicitors part.
You need to go to see a specialist solicitor in employment Law to get the answers you need.