ET Query,

Emmzi

Akoto wrote: »

Well clearly old employer is doing nothing but deny which is why I'm gong to court, however, one thing you did say was the fact that they paid for my legal advice in some way strengthened their hand?

I said no such thing. I was just checking that you HAD had the agreement explained to you since you did not seem to understand the implications. In fact it strengthens THEIR hand.

Akoto

Emmzi wrote: »

I said no such thing. I was just checking that you HAD had the agreement explained to you since you did not seem to understand the implications. In fact it strengthens THEIR hand.

I understand the implications for the ET that the CA may hold.

But what does Um, no. No action = no action. Mainly if they paid you the cheque, haven't said anything defamatory, have not conducted a hate campaign etc, you are on a hiding to nothing. mean. Because in fact other than the first part (paying me the cheque), they have done both of the other things!

Emmzi

If you took the money and signed to say you would not take action, then you cannot take action, per the terms of your agreement. I have no idea what you agreed to because I don;t have the agreement in front of me.

I'm tired, and you are ignoring opinions that don't support your view of the world. Good luck with that, and pay for a lawyer! seriously, you will need to go into more detail than you can on a forum.

Akoto

Emmzi wrote: »

If you took the money and signed to say you would not take action, then you cannot take action, per the terms of your agreement. I have no idea what you agreed to because I don;t have the agreement in front of me.

I'm tired, and you are ignoring opinions that don't support your view of the world. Good luck with that, and pay for a lawyer! seriously, you will need to go into more detail than you can on a forum.

I honestly know I'm chancing my arm at the ET, but am aware that I can take it to a civil court.

In actuality I'm drawing this out as long as possible to see how long they are willing to hold out. But that's a different story. Thanks for confirming what I suspected re. and ET claim. We'll see how it goes.

[Deleted User]

What if the ET asks you to pay the employers costs? Or if the employer decides to apply for their legal costs from you?

[Deleted User]

When you loose I mean! Sorry.

Akoto

assj wrote: »

When you loose I mean! Sorry.

If I'm told early doors by the tribunal to pack it in I will - and then go the civil route.

I'll just say as representing myself I was unsure of the process and thought a potential breach of CA could be heard by the tribunal.

I doubt very much the tribunal will make a cost order against me under those circumstances.

DVardysShadow

Emmzi wrote: »

If you took the money and signed to say you would not take action, then you cannot take action, per the terms of your agreement. I have no idea what you agreed to because I don;t have the agreement in front of me.

I'm tired, and you are ignoring opinions that don't support your view of the world. Good luck with that, and pay for a lawyer! seriously, you will need to go into more detail than you can on a forum.

Fine as far as it goes.But if the agreement is breached then it can be taken to court. It would take a stronger clause, stating that the agreement itself was not enforceable in court to preclude action for breach.

This is all without considering the merits of the case and whether the agreement has been actually breached.

Akoto

DVardysShadow wrote: »

Fine as far as it goes. But if the agreement is breached then it can be taken to court. It would take a stronger clause, stating that the agreement itself was not enforceable in court to preclude action for breach.

This is all without considering the merits of the case and whether the agreement has been actually breached.

Indeed there is a clause in the agreement which says the employee may pursue any loss that occurs as a result of a breach of the agreement in the courts.

SarEl

Oh dear. You have fallen for the old receipt letter phrase. I see it again and again. The letter you have received is not accepting your case - it is nothing but a "thank you we got your form". A receipt letter. Everyone gets one. So you are already treading on dangerous ground because the ET do not have jurisdiction to hear any claim arising from your employment - you signed away that rights; and they have no jurisdiction at all to enforce a compromise agreement. So any costs being wracked up by the employer to dfeend this action won't be a matter for the tribunal to award - they have no jurisdiction - but the employer can sue you for them in the civil courts. I would recommend that you withdraw the claim - it is foolish to take such a risk when the ET has no jurisdiction anyway.

Breach of a CA is a civil court matter, but it is also a matter which requires a higher level of evidence. If you intend to go down this route then you need to seek legal advice as to the merits of your case, even if you decide to represent yourself in court.

But there are also circumstances in which an employer cannot be held to the exact wording of a CA - and if you read the CA you will probably find that there are clauses dealing with this. Are you quite certain that none of these apply? For example, there are jobs or professions where an employer must disclose certain matters by law, and so the employer must comply with the law no matter what the CA otherwise says. Because it does appear to be a matter of "interest" as to why an employer who had received a perfectly good reference went on to follow that reference up with verbal conversations with the former employer at all.