acas compromise

[ssec]

ongoing et case- if I am looking for an agreed reason for leaving (rather than dismissal for alleged GM) alongside a favourable reference (comp. policy is to give std one with role and dates) is this usually possible alongside any payment? Have had much trouble securing new role due to the way last role was left and even asked for previous role back on et1. Any ideas appreciated...

[Emmzzi]

Do you have a fair chance at et? If not, unclear why you would get cash. If so, reasonable chance.

[steampowered]

Yes, an agreed reference is a fairly standard term. Best to attach a copy of the standard reference to the settlement agreement and include a term which says the employer will provide that in response to any request for a reference (and any verbal reference or response to further questions shall be on no less favourable terms).

 

An agreed reason for leaving is more tricky. If you were dismissed for alleged gross-misconduct it would be untrue (and fraudulent) for the employer to say that you left for a completely different reason. A neutral reference just confirming your role and dates is more common.

[ssec]

Thanks for the ideas, really appreciate it...

 

Can I also ask do you think it's best that for verbal refs. or further questions, is it best if I ask for them to be refused outright or as you've termed it?

 

Also, where that part about derogatory statments being prevented from just the claimaint, should this be made so that it's mutual and applies to the respondent too?

 

Lastly, is there any issue in having all future claims barred i.e. doesn't exclude PI for example?

 

Many thanks again.

[Emmzzi]

refusal of a reference may give you trouble in the future; standard dates is best

 

derogatory is best on both sides

 

all future claims barred is important if you think there is a future claim....

[steampowered]

Realistically it is very difficult to control what the employer says over the phone, and it is not difficult to pick up a general impression verbally. On the other hand alarm bells could ring if the former employer refuses to say anything to the prospective employer. If you are worried about being slagged off it is perhaps probably better to say that any reference should be written only in standard form (preferably with the standard form attached to the settlement agreement), with any verbal discussions directed towards the written reference.

 

Yes, the part about derogatory statements being prevented should apply to both parties.

 

Fairly standard to agree that the settlement will prevent either party from making a claim against the other. Obviously this would do what it says on the tin, so if there is any other claim you have against the employer you should consider that.

Edited May 14, 2013 by steampowered

[becky2585]

Whilst a COT3 may contain a clause in the PI element, it's not compulsory.

 

It's impossible to contract out of future claims for personal injury or accrued pension rights regardless of whether it is written into the COT3, but you can ask for its inclusion if you feel you need that reassurance. Of course, if you are currently aware of circumstances which may give rise to a PI claim, you'd be waiving it by signing the COT3 as it stands.