breach of compromise agreement by employer.

Milkshock

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Uncertain

Milkshock wrote: »

dont think so - will it cause me serious problems?

surely by definition its fairly clear what it means?

Then that is very poor advice from whoever advised you on the CA,

SarEl

Milkshock wrote: »

dont think so - will it cause me serious problems?

surely by definition its fairly clear what it means?

Any compromise agreement which I ok always says that the agreed reference is the only thing that will be stated. "Fairly clear" doesn't cut it in law. Absoliute clarity is all that does. So I am not sure how serious a problem it is - but I know that it is a problem. In contract law things must be explicit - if there is no terms to not make further disclosure about your employment then the employer cannot be bound by what does not exist! I am amazed your solicitor let this through - the limitation of disclosure to only what is in an agreed reference is pretty standard, and I don't know anyone who wouldn't include it. The confidemtiality clause - what exactly does that say? Because it would normally be limited to not disclosing the compromise agreement and/or its terms. This is because the reference issue should be dealt with elsewhere and is a term.

Uncertain

Milkshock wrote: »

i didnt lie at interview , i kept in line with the CA, although i should have said there was one - perhaps?

Post number three you said......

"and I asked you specifically in our meeting yesterday whether there had been any disciplinary matters or allegations against you and you denied this"

Unless there were none your reply was untrue. The fact that a CA agreed that your former employer would not divulge them does not mean they did not happen.

SarEl

ohreally wrote: »

I suggested this 60 odd posts back.

Sorry - I wasn't ignoring your advice - just answering the OP

Milkshock

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Slinky

Milkshock wrote: »

the text is

The Employer agrees that, upon written request, it will provide a reference, in line with that at Schedule 2 of this Agreement, on behalf of the Employee to any prospective employer or company.

So if a prospective employer verbally asks for a reference, what happens then? Are they told to put it in writing or does the whole CA go out of the window as the request is verbal rather than written?

Milkshock

Slinky wrote: »

So if a prospective employer verbally asks for a reference, what happens then? Are they told to put it in writing or does the whole CA go out of the window as the request is verbal rather than written?

surely it cant go out of the window if they just ask verbally - its completely laughable to suggest that it would. it would render the whole thing pointless.

Uncertain

Slinky wrote: »

So if a prospective employer verbally asks for a reference, what happens then? Are they told to put it in writing or does the whole CA go out of the window as the request is verbal rather than written?

As stated, it is normal to have a clause requiring any verbal reference to conform and also a clause preventing both parties from speaking ill of each other.

Without seeing the whole agreement we cannot be sure but if these clauses are missing then the OP's legal advisor did a terrible job and maybe liable.

SarEl

Milkshock wrote: »

It is agreed that neither party shall disclose the fact of or terms of this Agreement save to the extent that they may be required to do so by law or for the purpose of putting the terms of this Agreement into effect or and Agreement into effect or and save for their professional advisers, and in the case of the Employee his immediate family, in which event the person or persons to whom such disclosure shall be made will have drawn to their attention by the parties the terms of this confidentiality clause and shall themselves be instructed to maintain such confidentiality. The Employee will refrain from passing any adverse comments regarding the organisation or any of its employees (past or present) and/or taking part in any conduct conducive or potentially conducive to bringing the organisation into disrepute. Should the Employee breach the confidentiality clause the Employer reserves the right to publicise factual corrections.

thats the confidentiality aspect of the agreement.

S!!T - yes, that is the standard clause. It relates only to the terms and fact of the compromise agreement - nothing else. I think you may be screwed. But you really must take legal advice.

BTW - as I said previously, I have to agree with Uncertain - the fact that you lied about disciplinary matters to the employer is also relevant, in that they asked you and not the employer a direct question, and you didn't tell the truth. And they know it. On this basis alone they could have withdrawn the offer. In the former employers position I would be arguing (a) that the compromise agreement never limited what I could say if the agreed reference was followed up and (b) that you lied to the potential employer and that this would have resulted in the same outcome anyway since they already knew the truth before approaching the old employer. I don't know how strong and argument that would be, but it's pretty convincing. (a) speaks to no breach and (b) speaks to if there was a breach they did not cause, or solely cause, the loss.