Unfair clause in COT3 agreement/Consumer rights/Freedom of expression

[Deleted User]

Hi,

I need some urgent legal advice. I can't afford solicitor's fees.

I had filed an employment tribunal claim against my previous employer which I withdrew few days before hearing.

Respondent had been sending threatening letters for cost of almost £30k and I panicked and asked ACAS for settlement under duress.

I had made application to ET to reject cost application but they didn't respond.

It was "drop hands" COT3 agreement (no payment but no cost demand).

I didn't get any legal advise as all happened in less than 2 days time.

COT3 is signed and sent to tribunal and claim withdrawn.

Clauses in agreement prohibits me from making any damaging comments about respondent except as a consumer and in good faith.

And it also mentions that I will pay for damages and legal fees in case I breach the agreement.

There is huge outrage among consumers about poor customer service of respondent and I joined one such forum and made number of comments about poor customer service. My comments are in much lighter vein other members of that group with many using abusive language about respondent as many have lost money.

I have now received cease and desist letter from respondent.

Language is threatening and says I should stop making such comments as it is damaging their reputation.

Letter says

a) I agreed to pay for damages and legal fees for such damages

b) they will take further legal action

c) I can make comments only as consumer who 'purchased' goods and in good faith

d) my allegations are false

e) they will seek immediate injunction if i continue making comments

f) I should sign a letter that I will not make any more comments and move on etc.

I know this is these are their first stage tactics to gag me.

I want to know

1) What are my legal rights as consumer and freedom of expression in this case.

What sort of comments I can make and what I can't.

Can I talk about referring to journalist/newspapers, petition, ASA, trading standards , ICO, IPSO etc and ask others to do same ? 

2) What could happen if it gets further escalated

3) How strong/weak is my position? Does settlement agreement clauses about making comments matter even though there are hundreds of others making more serious comments?

4) Legal procedure for them to take further action and how much of that will be public domain and whether merits of my comments about customer service could be debated based on other consumer's experiences.

Could it turn into public trial for poor customer services of respondent or court wouldn't even let those points discuss.

5) what should i do?

6) Can I approach to employment tribunal for anything like invalidate settlement agreement or any clause, appeal etc.

I didn't get any financial settlement but now I am worse off than normal public.

oh_really

You would be well advised to stop joining in on commenting on your former employer, not only are you not in a position of strength, you are somewhat exposed and potentially vulnerable.

Why do you want to continue being outspoken, what do you feel is to gain?

You are where you are and need to move onwards and upwards.

[Deleted User]

oh_really said:

You would be well advised to stop joining in on commenting on your former employer, not only are you not in a position of strength, you are somewhat exposed and potentially vulnerable.

Why do you want to continue being outspoken, what do you feel is to gain?

You are where you are and need to move onwards and upwards.

But my comments are much less serious than other members, many use very harsh language because of money lost. For months many don't receive any communication for refunds and many have to approach small claims court to recover money. How can any agreement override my freedom of speech and consumer rights. And why should I be treated any differently than normal public. This is a question of basic human rights and consumer rights as well. 

thebrexitunicorn

sam_75 said:

oh_really said:

You would be well advised to stop joining in on commenting on your former employer, not only are you not in a position of strength, you are somewhat exposed and potentially vulnerable.

Why do you want to continue being outspoken, what do you feel is to gain?

You are where you are and need to move onwards and upwards.

But my comments are much less serious than other members, many use very harsh language because of money lost. For months many don't receive any communication for refunds and many have to approach small claims court to recover money. How can any agreement override my freedom of speech and consumer rights. And why should I be treated any differently than normal public. This is a question of basic human rights and consumer rights as well. 

sam_75 said:

oh_really said:

You would be well advised to stop joining in on commenting on your former employer, not only are you not in a position of strength, you are somewhat exposed and potentially vulnerable.

Why do you want to continue being outspoken, what do you feel is to gain?

You are where you are and need to move onwards and upwards.

But my comments are much less serious than other members, many use very harsh language because of money lost. For months many don't receive any communication for refunds and many have to approach small claims court to recover money. How can any agreement override my freedom of speech and consumer rights. And why should I be treated any differently than normal public. This is a question of basic human rights and consumer rights as well. 

Other people did not voluntarily enter into a legally binding agreement with the company in which they agreed not to make such comments.  A COT3 is enforceable.  

steampowered

Nobody is going to believe that you are speaking as a "consumer". It sounds pretty obvious that you are continuing a vendetta against your employer.

You chose to sign a settlement agreement. You agreed to the condition that you must not make damaging comments.

You could be sued for the employer's legal costs if you continue to breach the agreement you signed. It's time to let sleeping dogs lie and move on with your life.

TELLIT01

Abide they the legal binding agreement you signed or suffer the consequences.  It really is as simple as that.

[Deleted User]

steampowered said:

Nobody is going to believe that you are speaking as a "consumer". It sounds pretty obvious that you are continuing a vendetta against your employer.

You chose to sign a settlement agreement. You agreed to the condition that you must not make damaging comments.

You could be sued for the employer's legal costs if you continue to breach the agreement you signed. It's time to let sleeping dogs lie and move on with your life.

It is a common sense interpretation. I am expecting someone with better understanding of laws and case law. 

steampowered

sam_75 said:

It is a common sense interpretation. I am expecting someone with better understanding of laws and case law. 

My "common sense" interpretation of your post is that you are posting negative comments about your employer on online forums because you feel that you have a grievance against them. Not because you are upset about a purchase you made as a consumer.

I could be wrong, but that's the strong impression I get !

polgara

First things first - that’s a normal clause in a COT3.

Are you an actual customer and do you have a genuine complaint relating to a purchase?

[Deleted User]

steampowered said:

sam_75 said:

It is a common sense interpretation. I am expecting someone with better understanding of laws and case law. 

My "common sense" interpretation of your post is that you are posting negative comments about your employer on online forums because you feel that you have a grievance against them. Not because you are upset about a purchase you made as a consumer.

I could be wrong, but that's the strong impression I get !

What about losses - there is a well established law that says to get compensation for loss first it has to be proven that loss has occurred and reasons for that. I am expecting this sort of detailed discussion, not necessarily in my favour. Some court ruling url would help. If I agree to work below minimum wage, that can't be binding just because I signed it. There are some fundamental rights.

[Deleted User]

polgara said:

First things first - that’s a normal clause in a COT3.

Are you an actual customer and do you have a genuine complaint relating to a purchase?

 I am. I just bought some stuff online. I found savings misleading and I could talk about that. I had bought in past and I had poor experience most of times.