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breach of compromise agreement by employer.

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Comments

  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:39PM

  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:39PM

  • ILW
    ILW Posts: 18,333 Forumite
    Milkshock wrote: »
    yes, possibly, although as ive stated the organisation in question will have no problem in agreeing with me in a letter that in their opinion those terms and conditions have always existed.

    for me in this case, taking them to court is a a legal way of getting a hitman on them. i.e. snuffing out any future threat, and getting some money out of it for loss of earnings as well.

    Why would they do that if it is likely to open them up to litigation?

    Is this public sector?
  • ILW
    ILW Posts: 18,333 Forumite
    Milkshock wrote: »
    and again based on recent discussions im confident they will agree - so whats the issue?

    im not having a go at them personally, im just trying to make sure for myself that any future employment prospects are not harmed by them, if i can avoid it.

    Are they suicidal or just stupid?
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:39PM

  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:39PM

  • ILW
    ILW Posts: 18,333 Forumite
    Milkshock wrote: »
    would it make them open to litigation? i wasnt fired from my job....the denial of workplace incidents in my book is not a case for litigation.

    the other issue is how long must my past chain me down?

    It is if it is provably untrue.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:39PM

  • ILW
    ILW Posts: 18,333 Forumite
    Milkshock wrote: »
    ok then i would still come back and threaten them with legal action every time they scuppered my job prospects, simply because i have very little to lose.

    who is actually the winner there?

    Why not just be honest with future interviews and explain the situation? If you have done nothing wrong what is the problem?
  • SarEl
    SarEl Posts: 5,683 Forumite
    Milkshock wrote: »
    for me in this case, taking them to court is a a legal way of getting a hitman on them. i.e. snuffing out any future threat, and getting some money out of it for loss of earnings as well.

    Ok - this is going to be the final and last warning I will issue, then go at it if you must.

    Taking them to court - which will cost you a lot of money which your union will not fund, and which if you loose, which I expect you to, will come out of your pocket, will not be snuffing out any future threat. It will be giving it free licence. Because court proceedings are public records and are not covered by the compromise agreement. A court case will turn on all these events - it will admit into evidence the fact that there were disciplinary proceedings previous to your termination and still going at the date you left; it will include the fact that you lied to the potential employer outright when asked. Absolutely everything you are trying to cover up will be in the formal record. And all your enemies need to do is get hold of that public record and post it to each and every employer that you apply to, get a job offer to - or if they fancy they could just wallpaper in the town square - being careful not to get done for flyposting!

    If you really want everything you have done becoming a matter of public record and freely available to anyone who looks, have at it. But far from ending this matter, it will explode it to new proportions. And win or loose, I can imagine that if your unproven and unevidenced belief that it is a current employee who has disclosed the information, I can imagine the employer will be more than happy to supply the stamps.

    You are entirely focussed on the fact that everything you think is correct and the right thing to do. Unfortunately, the world doesn't work like that and your blinkered view is going to get you into a lot more trouble than you could begin to imagine.
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