breach of compromise agreement by employer.

Milkshock

Emmzi wrote: »

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

which is why im not that interested.

but if the key is whether or not the ex-employer has spilled the beans - and assuming they have and do not deny this, as i think they will find it difficult to deny, am i likely to to be successful in suing?

Uncertain

SarEl wrote: »

The employer provided the agreed reference. They did not therefore breach the compromise agreement in doing so.

Hang on, that is not what is stated in the opening post where the OP clearly says....

"my prospective new employer received a different reference to the one agreed by previous employer (variation confirmed by the prospective new employer in writing)"

Maybe something different has been said on another forum but, on the basis of this statement, surely that is a clear breach of contract?

Milkshock

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Uncertain

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.

Agreed, I fully understand that.

Surely though in such cases they should not agree to a CA term which conflicts with this. Are they not at fault for doing so?

Equally the solicitor advising the employee before signing the CA should be aware of this and advise accordingly? Could there be a case for a claim against the solicitor if this applies (well their insurance)?

In any case the chances are that this is not one of the fairly narrow list of occupations affected.

SarEl

Milkshock wrote: »

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.

Yes, possibly it would. But as I said, this is a specialist area and not mine, hence I can't go around just saying that something is absolutely the case when I don't know that it is. It wouldn't be fair to you to say one way or the other - you really need to take specialist advice.

Milkshock

Uncertain wrote: »

Agreed, I fully understand that.

Surely though in such cases they should not agree to a CA term which conflicts with this. Are they not at fault for doing so?

Equally the solicitor advising the employee before signing the CA should be aware of this and advise accordingly? Could there be a case for a claim against the solicitor if this applies (well their insurance)?

In any case the chances are that this is not one of the fairly narrow list of occupations affected.

the solicitor prior to signing confirmed with me that if they employer provided anything else than the agreed reference they would be liable.

im definitely not in one of the narrow list of occupations legally affected.

SarEl

LadyMissA wrote: »

hmm looked back and can't see that Post #25 - negligent misstatement.

but then I am really thick so maybe I can't read also I wouldn't dream of disagreeing with you.

If you want to know what it is - look it up.

SarEl

Milkshock wrote: »

the solicitor prior to signing confirmed with me that if they employer provided anything else than the agreed reference they would be liable.

im definitely not in one of the narrow list of occupations legally affected.

It isn't narrow - you asked for examples - not the full list!

Milkshock

SarEl wrote: »

Yes, possibly it would. But as I said, this is a specialist area and not mine, hence I can't go around just saying that something is absolutely the case when I don't know that it is. It wouldn't be fair to you to say one way or the other - you really need to take specialist advice.

any firms/individuals you would recommend?

Milkshock

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