breach of compromise agreement by employer.

SarEl

Want to know what the funniest thing about all this is? These 33 odd pages (to say nothing of a few other posts around these boards) contain the exact wording of the CA, exactly what Milkshock has admitted doing, and clear implications that there are more incidents to which he hasn't provided details but which seem to worry him in relation to whether they are on his personal file, the facts of disciplinaries, and the fact that he lied about this whole thing to his potential employer. Quoated so extensively that if Milkshock samitised every one of his posts on this forum they wouldn't disappear. So the ex-employee no longer needs to even tip off new employers - they could just send them the link!

Oh - and Milkshock. I appreciate it's a long therad so you won't recall this being told to you pages back. Tribunals do not deal with breaches of CA's. Those are dealt with by other courts - and not one of those courts operates on the basis of balance of probabilities. They operate on the basis of evidence alone. You have not a shred of evidence that a current employee was involved in the leaking of your personal history of woe, and even if you did, a breach of a CA by the employer must evidence that the employer breached it. Even the evidenced actions of a current employee in leaking such details does not evidence that they did so with the knowledge or commission of the employer. All they have to do to put themselves entirely in the clear is, when provided with any such evidence of the involvement of a current employee is to take action against that employee. And that doesn't even mean they have to dismiss them. I can see the disciplinary now - "Our finding is that you were very naughty and you must never do it again, but we accept that the mitigating circumstances of the fact that your ex-boyfriend is probably clinically insane and you were driven to it by the fact that he poured a drink over someone you were chatting up made you act totally out of character so we are giving to a verbal warning and a medal"

kiddy_guy

Milkshock wrote: »

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.

I asked you for proof that your current employer breached the CA. You still have not provided it. Who told the ex employee. For all you know it could have been another ex employee. YOU still have no concrete proof.

Milkshock

kiddy_guy wrote: »

I asked you for proof that your current employer breached the CA. You still have not provided it. Who told the ex employee. For all you know it could have been another ex employee. YOU still have no concrete proof.

well clearly they've gone on the record to confirm everything the ex-employee said anyway, so theres a breach.

pelirocco

Milkshock wrote: »

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.

Is this the first we have heard that you were given the email ? , I cant remember it being mentioned .

Surely new employer has broken some law or such by giving you this?

Do you mean to say that you have never discussed the details of your actions and subsequent CA with anyone ? and believe that no one except the people involved with your CA would know any details?

pelirocco

What are the chances that if you had been given this new job that they would have kept you on after a few months anyway

pelirocco

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.

Hang on


Didnt you say the person who sent the email left the company long before any of this happened?

Milkshock

pelirocco wrote: »

Hang on


Didnt you say the person who sent the email left the company long before any of this happened?

yes he did leave.

but what im saying is im sure it was someone currently in the company masquerading as the ex-employee. in fact im damn near certain who it is. which is why i wouldnt mind someone phoning up this manager and asking him about me.

i think you may be a little confused as to whats gonig on - tell me what you think has happened with this email and i will tell you if you have the facts straight or not.

Milkshock

pelirocco wrote: »

What are the chances that if you had been given this new job that they would have kept you on after a few months anyway

why wouldnt they?

SarEl

Milkshock wrote: »

well clearly they've gone on the record to confirm everything the ex-employee said anyway, so theres a breach.

Circles again. No. It wasn't a breach. Because the wording at that time (if we are to beleieve anything you say because it changes with the wind) didn't retsrict them to not disclosing anything else. Horses and barn doors? And you still don't get it - you were asked a direct question by the potential new employer and you lied. That was the cause of the withdrawal of an offer, not what the employer disclosed (and which there was at that time no reason for them to not disclose), and the employer only confirmed what they already knew.

Milkshock

pelirocco wrote: »

Is this the first we have heard that you were given the email ? , I cant remember it being mentioned .

Surely new employer has broken some law or such by giving you this?

Do you mean to say that you have never discussed the details of your actions and subsequent CA with anyone ? and believe that no one except the people involved with your CA would know any details?

apart from my immediate family and my union rep. and obviously everyone in HR in the organisation no one knows.

and even then how would they know where i work to give them the tip off?? well clearly since the original reference request came in to HR they would know where to e-mail the tip off!

in terms of breaking a law - i requested that e-mail under the DPA and they gave it to me, it contained personal information about me.