Breaching a COT3 Agreement - what can happen

Mr.Generous

If I was you I'd cry all the way to the bank. In other words you have the last laugh, they paid you to keep quiet. Why care now how they run their business or who they promote. You seriously wanted to carry on working for a company that behaves so badly and incompetently? Look elsewhere and leave them to it. You won, they lost!

TELLIT01

bignred05 wrote: »

They refused point blank to reinstate even though there was a vacancy for my position at the time

I don't know the details of this case, but it always amazes me when people are surprised that the firm won't re-employ somebody after a tribunal etc rules in that person's favour.
It's obvious that the working relationship has totally broken down by that point, so how are the parties expected to work together amicably after the event? Surely better for a clean break, and a new beginning for all parties.

bignred05

TELLIT01 wrote: »

I don't know the details of this case, but it always amazes me when people are surprised that the firm won't re-employ somebody after a tribunal etc rules in that person's favour.
It's obvious that the working relationship has totally broken down by that point, so how are the parties expected to work together amicably after the event? Surely better for a clean break, and a new beginning for all parties.

What if the guilty party in all this is the Employer, the employee had an exceptional record with not a single blemish on his record, quiet the opposite in fact

I made repeated requests to draw a line under things and move on, obviously there are details I can't go into, other than to say all the issues are with the employer

Hence my issue, keep stum and they carry on the same way and a particular person gets a promotion after telling a utter pack of lies

Takeaway_Addict

bignred05 wrote: »

What if the guilty party in all this is the Employer, the employee had an exceptional record with not a single blemish on his record, quiet the opposite in fact

I made repeated requests to draw a line under things and move on, obviously there are details I can't go into, other than to say all the issues are with the employer

Hence my issue, keep stum and they carry on the same way and a particular person gets a promotion after telling a utter pack of lies

Move on. The vast vast majority of employers would not reinstate even if in the wrong. It is hardly going to be a pleasant place to work for either parties.

sangie595

This is very simple, and others have said it. You were not forced to sign the agreement. You chose to sign.

And I'm going to be very clear. Nobody, but nobody, cares about whatever the employer did. If they did, the newspapers would be ten inches thick and have nothing but stories about employers! The reason they aren't is because nobody cares. That's why.

The only person who will be damaged by this will be you. Not only because you will probably lose your compensation, plus the employers legal fees to get it back... And possibly gave other actions depending on what you say or do... But who do you think will be remembered here, you or them? When you are going for interviews, do you think a potential employer will be impressed by your public profile?!

You were never going to get your job back. Not even a tribunal can force an employer to give someone their job back. You must move on. It is the only sensible thing to do at this stage.

steampowered

If you breach a confidentiality provision contained in a COT3 you signed, the worst case is as follows:

- The employer takes you to court.
- The employer is awarded an injunction preventing you from making further statements in breach of the provision.
- The employer is awarded damages.
- You are ordered to pay the employer's legal costs for the injunction claim (this is usual if you lose court proceedings).

The kicker is the last bit .... those costs could exceed the compensation you are awarded.

Undervalued

bignred05 wrote: »

What if the guilty party in all this is the Employer, the employee had an exceptional record with not a single blemish on his record, quiet the opposite in fact

I made repeated requests to draw a line under things and move on, obviously there are details I can't go into, other than to say all the issues are with the employer

Hence my issue, keep stum and they carry on the same way and a particular person gets a promotion after telling a utter pack of lies

Utterly irrelevant!

You chose to sign a COT3 agreement and by doing so both you and the employer agreed to be legally bound by its terms.

You didn't have to you could have let the tribunal run the distance. A tribunal has no power to order confidentiality. In fact it is quite the opposite, its proceedings and findings are public. Had you done that you could have said what you like to anybody that was interested, subject only to the laws of libel etc.

By now seeking to renege on an agreement you voluntarily entered into you are showing yourself to be totally untrustworthy, quite the opposite of the wonderful employee you claim to be!

sjbrun

I signed a COT3 when I took my last employer to a tribunal. It was due to unpaid wages so was a simple case. I agreed to it so I could get paid quicker and so I could get on with my life and to put a close to it. Plus I didn't really want to see any manager from that company again which I would likely have done at the tribunal if it got to that stage.

Sometimes it's just better to move on.