Voluntary Severance and Non-Disparagement

LittleMonkey16

Hi everyone

I'm hoping that someone will be able to give me some advice - I'm thinking I may need to see an employment solicitor, but I can't really afford legal advice so am trying, as far as possible, to find out where I stand myself.

Two years ago, I took voluntary severance with a compensation payment from my employer. I have a mental illness, had become ill and was being treated very badly at work as a result. Given my poor health, I couldn't really face a fight, so I took voluntary severance so that I could get out of a horrible situation but would also have a little bit of a financial 'buffer' which I could rely on until I got a little better.

Part of the agreement I made with the employer in question was that I would not disclose the existence of this agreement with anyone but my spouse/partner and a legal advisor, and that I would not 'disparage' either the employer or any of their employees in writing etc (that I wouldn't try to 'blow the whistle', essentially). I have not disclosed the fact of the existence of the agreement to anyone but my partner and a legal advisor who was paid for by the employer at the time.

One of my ex-colleagues from this employment, who has also been subjected to unfair treatment over years of service, has recently been in touch, and I think is going to ask me to provide evidence in a claim they are making against the same employer. This leaves me in a very difficult position. As far as I can see, I cannot give this evidence, as it would amount to 'disparagement' as per the contract, nor can I explain to my ex-colleague *why* I am unable to do so (because I cannot disclose the existence of a contract which says I can't!).

To make matters worse, I'm now concerned that discussions I have had with this ex-colleague via email, in which I have restrainedly sympathised with her ongoing problems with this employer, may be used against me. It strikes me that 'disparagement' is subjective, and I'm really concerned that this could be framed to look as if I've been criticising them. On the occasions on which I have sympathised in this way, it genuinely never occurred to me that what I was saying could be perceived as disparagement. The whole 'non-disparagement' thing has me incredibly confused. When does something become criticism? I have certainly made no public disparagement of them, and I would contest whether remarks I have made to this ex-colleague via email qualify as 'disparagement'.

Ironically, since all this came up again, I've become so ill that I'm back to where I started, and I wish I'd just upped and left rather than taking redundancy.

Does anyone have any experience of a similar situation?

Takeaway_Addict

ask for proper advice on redundancyforum.co.uk would be my suggestion.