breach of compromise agreement by employer.

Milkshock

mjm3346 wrote: »

Dear Mr Prospective employer,

thank you for your request for information regarding the past conduct of Mr Milkshock. Under the terms of a compromise agreement I cannot release any further information without his consent, I have written to him today and will contact you again when I have his response.

Yours etc.

Last Boss.

---

Dear Last Boss

Thank you for your response which tells us all we need to know, we have found a more suitable candidate/the job is no longer available/etc so we do not need any further information on Mr Milkshock.

etc.

got that bit changed thanks for pointing that out. always good for eagle eyes to spot things i would otherwise miss. the text now states:

If approached by any prospective employer, company or agency requesting additional information or requesting a reference in a different format to that agreed at Schedule 2, the Employer confirms they will contact the Employee prior to responding to the request, for confirmation that he is happy for the information to be provided

Milkshock

now, who wants to offer me a job and we can go halves on the compensation ROTFL


(thats a joke by the way, for anyone who thinks im attempting to defraud my former employers)

kiddy_guy

This thread is brilliant. In 33 pages we've established that the OP has managed to get a worthless comprimise agreement amended to an equally useless comprimise agreement. Sarel said on post 15:

"The employer provided the agreed reference. They did not therefore breach the compromise agreement in doing so. Another "ex-employee" is not under their control and has not acted on their behalf in tipping off the new employer. They are not liable for that."

And ultimately that is where we still are.

If the OP would be so kind as to let us know their name, I will ensure my HR dept. know not to employ them. Somebody who takes 33 pages and several weeks to go round in circles really doesn't deserve employment. Alternatively as your old employer cannot provide a reference which says anything at all, if you'd like to send any reference requests to the MSE Office, C/O the Employment, Jobseeking and Traning forum, I'm sure we can knock you something up. We can't lie though, so don't ask us.

Sambucus_Nigra

Milkshock wrote: »

got that bit changed thanks for pointing that out. always good for eagle eyes to spot things i would otherwise miss. the text now states:

If approached by any prospective employer, company or agency requesting additional information or requesting a reference in a different format to that agreed at Schedule 2, the Employer confirms they will contact the Employee prior to responding to the request, for confirmation that he is happy for the information to be provided

Which employee would that be? The one that spills the beans?

Milkshock

kiddy_guy wrote: »

This thread is brilliant. In 33 pages we've established that the OP has managed to get a worthless comprimise agreement amended to an equally useless comprimise agreement. Sarel said on post 15:

"The employer provided the agreed reference. They did not therefore breach the compromise agreement in doing so. Another "ex-employee" is not under their control and has not acted on their behalf in tipping off the new employer. They are not liable for that."

And ultimately that is where we still are.

If the OP would be so kind as to let us know their name, I will ensure my HR dept. know not to employ them. Somebody who takes 33 pages and several weeks to go round in circles really doesn't deserve employment. Alternatively as your old employer cannot provide a reference which says anything at all, if you'd like to send any reference requests to the MSE Office, C/O the Employment, Jobseeking and Traning forum, I'm sure we can knock you something up. We can't lie though, so don't ask us.

my agreed reference is actually very good indeed.

and if i trusted you i would tell you the name of my HR department AND the name of the person who I believe STILL WORKS THERE who stitched me up - i.e. sent the e-mail tip off.

would you like me to to tell you his name actually? you could ring him and because that guy is such a fool, he would probably spill the beans as you soon as you asked him!

I have already told you my evidence for why I think its an existing member of the team at my old employer, and that should actually be enough for me to sue. Maybe I still should, in order to prove that it is someone who still works there.

Milkshock

Sambucus_Nigra wrote: »

Which employee would that be? The one that spills the beans?

well since it would involve the employer consulting with itself in that case - very probably!

kiddy_guy

Milkshock wrote: »

my agreed reference is actually very good indeed.

and if i trusted you i would tell you the name of my HR department AND the name of the person who I believe STILL WORKS THERE who stitched me up - i.e. sent the e-mail tip off.

would you like me to to tell you his name actually? you could ring him and because that guy is such a fool, he would probably spill the beans as you soon as you asked him!

I have already told you my evidence for why I think its an existing member of the team at my old employer, and that should actually be enough for me to sue. Maybe I still should, in order to prove that it is someone who still works there.

I'm not going to get into tit for tat with you on this; clearly if you applied the same degree the effort and enthusiasm you have for this thread on jobhunting, you'd be CEO of Tesco by now.

However I will say this. Your agreed reference may be very good, but it remains factually correct, and if they ask a pertinent question they will have to reply the standard "No comment". They can't lie (unlike you:rotfl:), but even then, if the elusive Phantom Raspberry blower who did you over last time around pops up and tips off your new prospective employer, unless you can prove who has done it - (and you cannot prove it now either) you are in the exact same position you are now.

I would love you to sue. Give us all a time/date and court, and we'll all come to cheer you on.

"So Milkshock, how do you believe your ex employer tipped off your prospective employer"

Well M'lud, I haven't actually got any confirmation from the prospective employer and the ex employer has not confirmed it was one of their employees either.

So Milkshock you actually have no proof then?

Well M'lud, I suspect it was Colonel Mustard by email in the office.

I find in favour of the ex employers, and feel sorry they employed this muppet in the first place. Case dismissed."

It may well be that the chap in your old HR dept is such a fool as you say. However as stupid as he may be, he's still one up on you, because you can't prove they are at fault. And he hasn't come on a national forum spouting a load of rubbish.

What was it they say... ah yes...

It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt.-- Mark Twain (1835-1910) ...

Milkshock

Can't prove he's at fault? I could get you to hone him tomorrow and I reckon he would give you a reference in exchange for anonymity. Your choice as to whether he can remain anonymous.

And my proof in terms Of the ex employee would be the level of detail and the fact he left well before I did.

kiddy_guy

At a tribunal could you prove it? Not to me, not to anyone on this thread, at a tribunal where you need PROOF/EVIDENCE/A SEMBLANCE OF GRIP OF REALITY ?

The answer is a 2 letter word - NO

You cannot sue an ex employer for the actions of an ex employee once they have left their business, given the action took place after the employment had ceased.

Even if you could:

At a tribunal could you prove it? Not to me, not to anyone on this thread, at a tribunal where you need PROOF/EVIDENCE/A SEMBLANCE OF GRIP OF REALITY ?

I propose you are complete muppet. Sue me for it. If you stated you were not a complete muppet:

At a tribunal could you prove it? Not to me, not to anyone on this thread, at a tribunal where you need PROOF/EVIDENCE/A SEMBLANCE OF GRIP OF REALITY ?

On the other hand, I could prove to a judge that you're a muppet. I've got this thread for starters...:rotfl:

Hopefully by now you've got an understanding of my point, and I apologise for making it so obvious. Proof is the key here. You have none and even if you had some (you will never get the email/a recording of the tip off phone call), proving the ex employee did it whilst in the employ of the ex employer is going to be even more impossible. You need an email or something which is substantive proof - not hearsay, not "thoughts", not conspiracy theory, HARD CONCRETE TANGIBLE PROOF. You have provided nothing in this entire thread which does this.

However please go on; I need my daily fix of your ramblings and this is one hell of a ride...

Milkshock

kiddy_guy wrote: »

At a tribunal could you prove it? Not to me, not to anyone on this thread, at a tribunal where you need PROOF/EVIDENCE/A SEMBLANCE OF GRIP OF REALITY ?

The answer is a 2 letter word - NO

You cannot sue an ex employer for the actions of an ex employee once they have left their business, given the action took place after the employment had ceased.

Even if you could:

At a tribunal could you prove it? Not to me, not to anyone on this thread, at a tribunal where you need PROOF/EVIDENCE/A SEMBLANCE OF GRIP OF REALITY ?

I propose you are complete muppet. Sue me for it. If you stated you were not a complete muppet:

At a tribunal could you prove it? Not to me, not to anyone on this thread, at a tribunal where you need PROOF/EVIDENCE/A SEMBLANCE OF GRIP OF REALITY ?

On the other hand, I could prove to a judge that you're a muppet. I've got this thread for starters...:rotfl:

Hopefully by now you've got an understanding of my point, and I apologise for making it so obvious. Proof is the key here. You have none and even if you had some (you will never get the email/a recording of the tip off phone call), proving the ex employee did it whilst in the employ of the ex employer is going to be even more impossible. You need an email or something which is substantive proof - not hearsay, not "thoughts", not conspiracy theory, HARD CONCRETE TANGIBLE PROOF. You have provided nothing in this entire thread which does this.

However please go on; I need my daily fix of your ramblings and this is one hell of a ride...

no proof? i actually HAVE THE EMAIL that was sent by so-called 'ex-employee' to the new employer, because the new employer gave it to me. given that i have told you at least once already that this particular ex-employee who sent this e-mail had LEFT WELL BEFORE ME, and certainly was NOT THERE when I was disicplined/given a CA, there is no way in the world that he could have known IN SUCH DETAIL AS HIS EMAIL MAKES CLEAR about my employment conduct and the circusmtances surrounding my departure.

In terms of a tribunal I suspect that balance of probability is as important as absolute proof.