breach of compromise agreement by employer.

mildred1978

Milkshock wrote: »

yes well of course i could be on a fishing trip and making the whole thing up

but then ive found a very big net if thats the case, havent i?

With a lot of big holes in it (and a slightly drunken sailor )

dandelionclock30

I think you will be struggeling to prove they breached the agreement, when it wasnt in the agreement how they would answer the questionnaire.
I think you have shot yourself in the foot.
You are in a difficult position really.

Milkshock

dandelionclock30 wrote: »

I think you will be struggeling to prove they breached the agreement, when it wasnt in the agreement how they would answer the questionnaire.
I think you have shot yourself in the foot.
You are in a difficult position really.

ive already told you they accept they shouldn't be giving out anything out other the agreed reference to any employer with any line of questioning.

so it seems they are the ones whove shot themselves in the foot, not me.

Cheeky_Monkey

Milkshock wrote: »

i dont think this will go to court tbh. if i get the letter of assurance plus some form of payout i will be happy.

What do you think you will do if you get the letter of assurance but not a payout?

dandelionclock30

Also all your colleagues will gossip with others in your field, compromise agreement or not.

Uncertain

Milkshock wrote: »

ive already told you they accept they shouldn't be giving out anything out other the agreed reference to any employer with any line of questioning.

so it seems they are the ones whove shot themselves in the foot, not me.

Oh for heaven's sake!

IF they are prepared to accept this and IF they are prepared to write a letter along the lines you have indicated then great, go for it. Even if this happens I really wonder how much help it will be to you if there are further problems. It is all very well having rights but one has to accept that sadly, in the real world, they can sometimes be costly / difficult / impossible to enforce.

One thing though, if you think this will be forthcoming I would let it happen without making much more fuss. There is a real danger if you do that they will seek proper external legal advice and, based on what you have told us earlier in the thread, they will be told that they have not breached the actual letter of your CA. As has been said before the main fault actually lies with whoever advised you to sign the agreement in its current form.

You also seem to think they are about to offer you some compensation. They may even do just that but don't assume that automatically means that you would win if it went to court. There are many situations is employment law where firms settle claims they would probably win simply because it is easier and cheaper to do so. Again, if something is offered I would take it without too much fuss.

Based on what I have read here, if you push this too hard you will end up with nothing.

Milkshock

Cheeky_Monkey wrote: »

What do you think you will do if you get the letter of assurance but not a payout?

that is a very good point and one i am debating now.

issuing the letter of assurance is a given, they've clearly no problems with that.

in a sense they are trying to assure me that they have and will continue to act above board and it was only the intervention of ex employee that cost me the job - something for which they cannot be held responsible.

doesnt wash with me because a rebuttal of the ex employees claims by the ex-employer would have ended it and any possibility of them withdrawing the offer - why would they listen to one lone random with a vendetta against me? - and my own responses to them in the interview would have been rendered irrelevant as well as no one in HR at ex employer would have contradicted me.

will get my solicitor to write to them re. compensation.

Milkshock

Uncertain wrote: »

Oh for heaven's sake!

IF they are prepared to accept this and IF they are prepared to write a letter along the lines you have indicated then great, go for it. Even if this happens I really wonder how much help it will be to you if there are further problems. It is all very well having rights but one has to accept that sadly, in the real world, they can sometimes be costly / difficult / impossible to enforce.

One thing though, if you think this will be forthcoming I would let it happen without making much more fuss. There is a real danger if you do that they will seek proper external legal advice and, based on what you have told us earlier in the thread, they will be told that they have not breached the actual letter of your CA. As has been said before the main fault actually lies with whoever advised you to sign the agreement in its current form.

You also seem to think they are about to offer you some compensation. They may even do just that but don't assume that automatically means that you would win if it went to court. There are many situations is employment law where firms settle claims they would probably win simply because it is easier and cheaper to do so. Again, if something is offered I would take it without too much fuss.

Based on what I have read here, if you push this too hard you will end up with nothing.

well my thinking is if they agree to some form of compensation NOW then it WILL help me along the line because of course then they would have to pay up again if it happened again.

Uncertain

Milkshock wrote: »

well my thinking is if they agree to some form of compensation NOW then it WILL help me along the line because of course then they would have to pay up again if it happened again.

No they wouldn't!

Any payment (and don't count your chickens) will be made without admission of liability and will have no effect whatsoever on any future situation.

I will also be dumbfounded if they actually write you a letter agreeing to lie in response to a reference request. To agree to say noting or to issue an agreed statement that is truthful (even if economical with the truth) is one thing and they may well do that. To lie on you behalf, which is what you seem to think they are about to agree to do, opens them up to possible claims from any future employer who finds out the truth.

KiKi

Compensation for what? THEY are not responsible for the words of an ex-employee.

As you say in your previous post, they are assuring you that they will continue to behave above board. If an ex-employee with a vendetta against you continues, they are still no more liable than they were before.

You've been given some *really* sound advice in this thread (bar a few silly replies which insisted you have rights when you don't). The best advice, without doubt, was see a specialist solicitor. Your pursuit of compensation in the light of what you have said seems rash un-thought through. It appears that you are now so blinded by what you *believe* is right that you can't see that the law only cares about what has actually happened.

KiKi