Breaching a COT3 - disparaging and damaging remarks??

Honest_Frederick

Hi Everyone, :-)

FINALLY getting close to completing a really tortuous journey made worse by a nasty respondent unceasingly "trying it on". :-(

We're at the COT3 stage and the respondent just cannot be trusted to stick to the COT3 as regards references - or anything else, for that matter !

I suspect they will breach and have insisted on a pre-agreed reference.
Is there anything else I can do as the term "reasonable endeavours" is so weak it's as good as saying go ahead and aid and abet everyone to made disparaging and damaging remarks about me !

If they were to breach, what's next ?

Many thanks... ;-D

Undervalued

Honest_Frederick wrote: »

Hi Everyone, :-)

FINALLY getting close to completing a really tortuous journey made worse by a nasty respondent unceasingly "trying it on". :-(

We're at the COT3 stage and the respondent just cannot be trusted to stick to the COT3 as regards references - or anything else, for that matter !

I suspect they will breach and have insisted on a pre-agreed reference.
Is there anything else I can do as the term "reasonable endeavours" is so weak it's as good as saying go ahead and aid and abet everyone to made disparaging and damaging remarks about me !

If they were to breach, what's next ?

Many thanks... ;-D

To be honest, not really I'm afraid.

If you tie the reference down too tightly (both written and verbal) then even if they stick to the agreed wording it will be obvious to a potential employer that there is a settlement / cot3 in place.

If they don't stick to it and you have evidence (you can get a copy of any written reference by a SAR to the potential employer) then you can sue them. Proving what was said verbally is much harder.

I doubt you will get anything stronger than "reasonable endeavours" and again, even if you did, proving they are at fault is another matter.

There is only so much you can do.

Honest_Frederick

Many thanks for your response.
Even closer now and have tightened up any chance of breach as much as I am able.
They have a pre-agreed reference that's pretty standard - I'm happier that it's tight enough to discourage any deviation from it, and not too tight to suggest a COT3.
The reason for leaving is open, but if they are tempted to insert anything into it - breach! ;-D

steampowered

Reasonable endeavours to do what?

What is the exact wording you are worried about?

"Reasonable endeavours" is a common term in legal documents and is legally enforceable. But I think we need to know the context in which that term is used.

ohreally

Honest_Frederick wrote: »

The reason for leaving is open,

Mutual consent?