breach of compromise agreement by employer.

mildred1978

Just do a Subject Access Request under the Data Protection Act. That should tell you everything that's on your file and then you won't have to lie to future employers.

Milkshock

mildred1978 wrote: »

Just do a Subject Access Request under the Data Protection Act. That should tell you everything that's on your file and then you won't have to lie to future employers.

i wont be lying if i dont know!

saintjammyswine

More kniving and pedantry. You should be a politician, really.

Milkshock

saintjammyswine wrote: »

More kniving and pedantry. You should be a politician, really.

the problem i face is that the organisation is sending out an ultra clean reference, so i will get the blame for that as well!

in fact the new employer said as much!

when i met them to discuss the issues they were stunned because my reference was so good, it was like they had been cheated.

but the fact is that clean reference is going to be sent out to every employer from now on.

why should i be punished for it?

skintandscared_2

Milkshock wrote: »

i wont be lying if i dont know!

I have a feeling that ignorance is no defence - but maybe someone with more legal knowledge could clarify that?! If you HAVE done something else that is bad enough to record on your file, surely you'd have some inkling about it?? If not, I'd want to check the file to make sure that the item(s) on it hadn't been put on my file by mistake and actually shouldn't be there!

Milkshock

skintandscared wrote: »

I have a feeling that ignorance is no defence - but maybe someone with more legal knowledge could clarify that?! If you HAVE done something else that is bad enough to record on your file, surely you'd have some inkling about it?? If not, I'd want to check the file to make sure that the item(s) on it hadn't been put on my file by mistake and actually shouldn't be there!

see my previous post

whats really letting me down is that my previous employer is sending out very good references on my behalf!

its obvious that disclosure of other things is going to aggravate them, i agree.

particularly in the face of a good reference.

Milkshock

skintandscared wrote: »

I have a feeling that ignorance is no defence - but maybe someone with more legal knowledge could clarify that?! If you HAVE done something else that is bad enough to record on your file, surely you'd have some inkling about it?? If not, I'd want to check the file to make sure that the item(s) on it hadn't been put on my file by mistake and actually shouldn't be there!

who knows! clearly ive had disputes with people down the years, as often happens at work, over silly things like cups of tea which were resolved very quickly. whether these incidents have been recorded, i could not say, and being asked to talk about them 'on the spot' as it were is hard.

the organisation took a decision as well not to mention any issues, and if im lying - then so are they - perhaps more so!

heres the reference:


Milkshock worked for the organisation from xxx and moved across to my team on 1 April 2010. A major re-structure of the organisation was undertaken which involved the deletion of Milkshock's post. As a result he was made redundant, and his last day of service was on xxx.

His job title was xxx and my professional relationship was as his next level manager, i.e. he was managed by a direct report of mine. Over the last 12 months he took no days sick.

In terms of his performance in the role, he adapted well to moving across to xxx team from his previous team in Human Resources. Milkshock was involved in supporting xxx and therefore had considerable contact with staff at all levels across the organisation. As part of his role he was required to use various systems to manage his work, including xxx and his direct line manager expressed confidence that this was working well and that he would continue to make useful contributions to the broader development of the work the team was delivering.

a decent reference im sure you will agree

and the addition of other information (factual or not) makes things seem very deceptive - but thats a decision they took.

if you are talking about lies in the very purest sense, then the lies began when the organisation agreed to hand that reference out to any employer who comes knocking!

Milkshock

saintjammyswine wrote: »

More kniving and pedantry. You should be a politician, really.

work is really very often like politics if you hadnt noticed!

pelirocco

Milkshock wrote: »

i could do, but then wouldnt i be liable for lying if asked questions about them and saying i knew nothing about them?

because in the withdrawal letter it says:

In our meeting you acknowledged that when you applied for the post you were at the time subject to a formal disciplinary warning as a result of a behaviour incident during the time you were employed by your previous employer. The incident in question took place at a staff leaving event. I asked you whether you had appealed against this warning and you said that you had not.

It has been confirmed to us that there were other disciplinary incidents involving or related to allegations made by colleagues complaining about your behaviour, including one matter pending when you left employment

so it means there were others beyond the one i confirmed to them, and the one i didnt.

and there were no other official issues, so im wondering where they got their info from as 'confirmed' - it must be on file! but i was never told about that.

You did say the other matter was related to you emailing a colleague other off about other colleagues .......note the plural , one incident , several complaints maybe?

Milkshock

pelirocco wrote: »

You did say the other matter was related to you emailing a colleague other off about other colleagues .......note the plural , one incident , several complaints maybe?

no because they said 'other disciplinary incidents ... including one matter pending' the 'including' indicates the pending matter is seperate.