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

Dox

sam_75 said:

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.

Minimum wage is a legal entitlement, which is why a contract agreeing to work for less than that would fail.

You voluntarily entered into the COT3 agreement and that is binding. Dismissing your comments as 'light hearted' won't get you off the hook. You're scrabbling around for a defence you aren't going to find, so not point at all in asking a court ruling url.

Why did you do something so stupid when you knew you'd agreed not to? Pipe down and stop pursuing a vendetta unless you want a huge bill and all sorts of problems.

Marcon

sam_75 said:

Hi,

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

5) what should i do?

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

5. Delete the comments you've already made and don't make any more.

6. No.

Xbigman

The first line of your first post says you can't afford a solicitor. Your ex employer can. Even if you are in the right can you afford to fight your ex employer if they take you to court? You've already said not so this is where, right or wrong, you shut up.


Darren

Middlestitch

sam_75 said:

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.

I suggest you do indeed cease and desist, particularly as you were silly enough to make your comments in a way which ensured the employer could identify that you were the one making them.

It's not an 'unfair clause' as you call it; it is a condition of the agreement, so enforceable by your former employer.

[Deleted User]

Middlestitch said:

sam_75 said:

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.

I suggest you do indeed cease and desist, particularly as you were silly enough to make your comments in a way which ensured the employer could identify that you were the one making them.

It's not an 'unfair clause' as you call it; it is a condition of the agreement, so enforceable by your former employer.

Again some simpleton comments. I already know these stuff. May be someone can come up with something better instead of bashing. My post mentions about ASA, trading standards , ICO, IPSO etc. May be someone can say that no agreement can stop you from whistleblowing, just don't put that on social media. Google "acas cot3 whistleblowing" and first link says "But even if they do sign it, there’s nothing the employer can do by law to stop the employee from whistleblowing."

JamoLew

But you aren't an employee anymore - you are an Ex-employee with a vendetta/axe to grind and legal instructions to the contrary
It's not going to end well
(awaits the reply in 2 weeks saying "I won!!!"

[Deleted User]

JamoLew said:

But you aren't an employee anymore - you are an Ex-employee with a vendetta/axe to grind and legal instructions to the contrary
It's not going to end well
(awaits the reply in 2 weeks saying "I won!!!"

You don't need to wait for 2 weeks. I am not going to comment anymore with my personal fb account. This is what I read online "In theory, any breach of the clause is actionable by an employer on the basis of being a breach of contract although in order for a court to award damages i.e. compensation to be paid by you, the employer would have to show that some loss flowed from the breach.
In addition, if the employer was concerned about the breach and could show that damages were an inadequate remedy, then it may seek an injunction to prevent you from making further damaging comments in breach of the clause although the circumstances would have to be such to justify such injunctive relief.".  

Middlestitch

sam_75 said:

Middlestitch said:

sam_75 said:

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.

I suggest you do indeed cease and desist, particularly as you were silly enough to make your comments in a way which ensured the employer could identify that you were the one making them.

It's not an 'unfair clause' as you call it; it is a condition of the agreement, so enforceable by your former employer.

Again some simpleton comments. I already know these stuff. May be someone can come up with something better instead of bashing. My post mentions about ASA, trading standards , ICO, IPSO etc. May be someone can say that no agreement can stop you from whistleblowing, just don't put that on social media. Google "acas cot3 whistleblowing" and first link says "But even if they do sign it, there’s nothing the employer can do by law to stop the employee from whistleblowing."

sam_75 said:

Middlestitch said:

sam_75 said:

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.

I suggest you do indeed cease and desist, particularly as you were silly enough to make your comments in a way which ensured the employer could identify that you were the one making them.

It's not an 'unfair clause' as you call it; it is a condition of the agreement, so enforceable by your former employer.

Again some simpleton comments. I already know these stuff. May be someone can come up with something better instead of bashing. My post mentions about ASA, trading standards , ICO, IPSO etc. May be someone can say that no agreement can stop you from whistleblowing, just don't put that on social media. Google "acas cot3 whistleblowing" and first link says "But even if they do sign it, there’s nothing the employer can do by law to stop the employee from whistleblowing."

You clearly don't know. You aren't whistleblowing - that has a specific meaning and it is clear your actions don't come into that category.

No point posting further.

Undervalued

sam_75 said:

Middlestitch said:

sam_75 said:

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.

I suggest you do indeed cease and desist, particularly as you were silly enough to make your comments in a way which ensured the employer could identify that you were the one making them.

It's not an 'unfair clause' as you call it; it is a condition of the agreement, so enforceable by your former employer.

Again some simpleton comments. I already know these stuff. May be someone can come up with something better instead of bashing. My post mentions about ASA, trading standards , ICO, IPSO etc. May be someone can say that no agreement can stop you from whistleblowing, just don't put that on social media. Google "acas cot3 whistleblowing" and first link says "But even if they do sign it, there’s nothing the employer can do by law to stop the employee from whistleblowing."

Oh dear!

There is a very narrow legal definition of "whistleblowing" and nothing you have posted here suggests that it applies.

You chose to agree to a legal settlement and by doing so accepted its terms. You didn't have to, you could have refused and taken your chances at an employment tribunal. Had you done that, win or lose, you wouldn't have been subject to any restrictions about what you could have said or done (obviously within the law that applies to everybody).

Terms regarding confidentiality and not speaking ill of the employer / employee are a common part of COT 3 and settlement agreements. Obviously the terms are negotiable (before signing!!)  and that was the time to have attempted to remove any terms you were not happy to accept. The employer may or may not of agreed but again you didn't, you signed, so you are now stuck with the terms that you agreed.

End of!

[Deleted User]

Undervalued said:

sam_75 said:

Middlestitch said:

sam_75 said:

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.

I suggest you do indeed cease and desist, particularly as you were silly enough to make your comments in a way which ensured the employer could identify that you were the one making them.

It's not an 'unfair clause' as you call it; it is a condition of the agreement, so enforceable by your former employer.

Again some simpleton comments. I already know these stuff. May be someone can come up with something better instead of bashing. My post mentions about ASA, trading standards , ICO, IPSO etc. May be someone can say that no agreement can stop you from whistleblowing, just don't put that on social media. Google "acas cot3 whistleblowing" and first link says "But even if they do sign it, there’s nothing the employer can do by law to stop the employee from whistleblowing."

Oh dear!

There is a very narrow legal definition of "whistleblowing" and nothing you have posted here suggests that it applies.

You chose to agree to a legal settlement and by doing so accepted its terms. You didn't have to, you could have refused and taken your chances at an employment tribunal. Had you done that, win or lose, you wouldn't have been subject to any restrictions about what you could have said or done (obviously within the law that applies to everybody).

Terms regarding confidentiality and not speaking ill of the employer / employee are a common part of COT 3 and settlement agreements. Obviously the terms are negotiable (before signing!!)  and that was the time to have attempted to remove any terms you were not happy to accept. The employer may or may not of agreed but again you didn't, you signed, so you are now stuck with the terms that you agreed.

End of!

What's your qualification in law?