Constructive dismissal? - ** SETTLED **

[dj1971]

Hi Billy,

 

Completely forgot to update the thread.

 

Yes I contacted the respondents solicitor and they sent payment by courier that evening.

 

Thanks

DJ

[agy100]

Hi DJ, it is very good of you to have left a trail of events for your claim, so that folks like me going through a similar case can find useful info and indeed inspirations from your experiences.

 

I have a quick question regarding this paragraph:

 

"The respondent have also submitted an application to amend their grounds of resistance in relation to the discovery that I had forwarded two emails and a financial settlement agreement to my personal email address and that of my wife, roughly one month before I resigned..."

 

How did your Employer discover your emails in question? Did they go through your old emailbox? If so, is that allowed?

 

AGY

[dj1971]

Hi AGY,

 

Really glad that you are able to get something from my experience and that is the whole reason for this excellent site. By sharing our experience we are able to help others who find themselves in the same horrific position can learn so much more. I too had a lot of help from the members on here while I was going through my experience and without question I could never have got through the nightmare without the fellow members of this site as I did not have any legal representation until near the very end.

 

Yes they have the right to go through your email address as it is on their server and therefore belongs to them and you can bet your bottom dollar they will have gone through it with a fine tooth comb.

 

Unfortunately this is not how they found out though. It was through my own carelessness at the disclosure of bundle stage I included the emails in my bundle. Looking back now I was under so much stress as the respondent were trying every trick in the book to get me to drop the case, or have it thrown out of court.

 

I hope never to have to go through all of that again and would definitely tell anyone now going through it to have a solicitor go through the bundle if at all possible. Even if that is all you have them do, they are experienced and much more knowledgeable about what does and does not have to be disclosed.

[billybobynumeroduo]

Hi Billy,

 

Completely forgot to update the thread.

 

Yes I contacted the respondents solicitor and they sent payment by courier that evening.

 

Thanks

DJ

 

Hi DJ,

 

I completely forgot to check this thread, congratulations! Bet you are glad that is over, take all the paperwork and burn it!

 

All the best

 

Onwards and upwards CAG soldiers!

[dj1971]

Thanks Billyboy,

 

I could not have done it without the unending support and guidance from fellow caggers like yourself.

 

I was over the moon about the outcome and although I did not get my day in court, this was the best possible outcome and the compensation was what I had said I would settle for at the very beginning.

 

Believe me I had a big bonfire in the garden a few days later and it felt so good destroy all the evidence.

 

Once again a big thank you. Without people like yourself this site would not be the raging success that it is.

 

 

Best Wishes

DJ

[dj1971]

Hi All,

 

Although this case has been settled through negotiations via ACAS back in April 2013 I have a question on which I would like to hear others experience and any suggestions that can be offered.

 

Part of the agreed settlement was that my former employer would provide upon request a reference to any prospective employer. The exact content of the reference was also agreed as part of the settlement agreement.

 

However I am having quite some difficulty in finding new emplyment, although I accept that is not unusual in the current economic climate. However I have registered with a couple of agencies and even been interviewed for a couple of positions, all good so far. The stumbling block seems to come when I am asked for references and of course put my previous employer, after that I hear nothing more. Get all sorts of excuses like we have no vacancies at the moment, or the employer has withdrawn the vacancy and decided not to recruit, or they have decided to recruit internally.

 

I have a very strong suspicion that my previous employer is giving a reference different to the one agreed in the settlement agreement and worse still I think she is giving it verbally over the telephone, so no trace of paperwork or anything.

 

Has anyone else had experience of this? Anyone have any suggestions on what I could do?

 

Is really getting me down that I still have not found a new job and if as I suspect the previous employer is not playing as agreed, this is completely unfair and surely voids the settlement agreement?

 

Appreciate any suggestions, help or advice anyone can offer.

 

 

Many thanks

DJ

[dj1971]

Anyone?

[Emmzzi]

problem is, there is not much you can do without evidence. Got any self employed mates who might need a reference for you perhaps?

[dj1971]

Thanks Emmzi,

 

I do have a friend who is Financial Controller of a company and could write a reference request. My only concern is if it came back they have broken the agreement, would I have to reveal where I had obtained the reference from and would there be any consequences for my friend?

 

DJ

[Emmzzi]

yes and depends on their boss

[dj1971]

I was afraid you were going to say that.

 

I did register with 3 different agencies who all asked for a reference from my previous employer and then heard nothing more from the agencies, no job offers and they will not respond to my communications. So I have sent a SAR to all 3.

 

It is a real shot it the dark that anything will show up on the SAR, but I am at a loss to know what else to do.

 

Thanks

DJ

[Emmzzi]

you know agencies just don't reply, right?

[dj1971]

I know that they never reply when you submit an application for a position they have advertised, but this is different in that I have registered with them and they are not contacting me with any opportunities.

 

One of the agencies had actually contacted me and asked me to apply for a vacancy they were recruiting for. The agent really liked my cv and sent an application form which I completed and returned to them. He contacted me a couple of days later saying he was very impressed with my application and was confident he could get me an interview, we even met to go through my interview skills. Then nothing..........

 

I left it for a few days and then contacted him but he is not taking my calls or responding to my emails.

 

Am convinced my former employer is providing negative feedback on me and is therefore in breach of the settlement agreement. Will just have to wait for the SAR's to come back and see what they bring up.

 

DJ

[Emmzzi]

I've been to third interviews and the agency hasn't called back... Just saying it may be nothing. Not sure SARS are the image you wish to present I.e. argumentative

[Pusillanimous]

Agencies have always been notoriously fickle. Sign on to a different one. No point stressing. You could make a point of requesting feedback each time.