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Hi All,

 

 

I'm not sure if this is in the right section

 

 

Anyway some time ago my wife was working a large company (cannot name them). After been relocated to an office in Leeds they then decided that after a year or so they needed her back in Bradford as they suggested there was no longer a position required in Leeds as they were managing from a central hub.

 

 

When my wife moved to Leeds they also served notice on her company car so she would have to get public transport. At the time my wife saw this move to Leeds as a good career opportunity and we have a direct bus route at the end of our road although not ideal as we were back to one car.

 

 

So after a year or so the company said they wanted her to move back to Bradford doing a role she did when she first started at the company some years ago. Her argument against taking the role was that it was a step back in career from what she was doing in her current role. Also due to the location of the office she would have to get three busses or pay for a car to get to work. With this in mind we would actually be financially worse off as we would need to buy and run another car however the company were not willing to offer any financial incentive to assist the change.

 

 

Anyway my wife had no option to go off sick as by working the role was informally accepting it. After a lot of discussions between the parties a negotiation was underway for a settlement offer. During this time my wife approached a recruitment consultants to try and ascertain whether her skills would be required in the current market or whether she is likely to be unemployed for sometime. Obviously from our position this was important information with which to base the settlement offer on.

 

 

Anyway after a visit to one recruitment company they made an error by sending my wife's CV to her current employer who she was negotiating the settlement with. Her current employers view was that although off on sick she was actively seeking work which was not the case. In this instance they drastically reduced the settlement offer by approx 25% suggesting she was fit for work etc.

 

 

So my question is do we have any come back on the recruitment company for sending her CV to her current employer? Can we put a small claim in to recover the 25%?

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Anyway my wife had no option to go off sick as by working the role was informally accepting it.

 

I'm not aware of "bus allergy" being a valid illness.

 

Unless she has something in writing saying she wished to be informed of all potential employers before her CV was sent over, you're on a hiding to nothing.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Her current employers view was that although off on sick she was actively seeking work which was not the case.

 

... sounds exactly like the case to me! You are going to need to phrase things differently if you want the case to sound legit.

Edited by Emmzzi

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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She didn't go off sick due to a bus allergy. I did actually say she was getting the bus into Leeds for approx. two years prior to this event. She was actually signed off sick with work related depression due to a company forcing her into a role that was of a lower level than her current role and in our minds not suitable. I believe when negotiating a contract, whether this is a new company or old that all these factors play a part in the decision making process. If this had been a new company then she would have accessed the role status, annual salary, expenses and travel time which impacts on your home life. Taking all these into consideration then the new role was not suitable and she declined the role on that basis. The company put pressure on her to accept the role or face dismissal for not accepting the role of which neither she wanted.

 

 

My wife did stipulate in her meeting with the recruitment agency that they must contact her prior to sending her CV as she didn't want it sending for roles she would never accept (verbal) Whilst I agree that this was only verbal the fact that they sent it to her current employer is an error on their part. My wife received a phone call from the recruitment company admitting their error saying it should never have been sent and were deeply apologetic. My wife has lodged an official complaint with them however they are suggesting that because my wife was in negotiations for a settlement that she doesn't have a case.

 

 

From my point of view it doesn't matter what position your are in with your current employer as you may just be looking for other opportunities and I believe there is no law against this? If my wife wasn't in negotiations with her current employer and the CV was sent to them then this would have similar ramifications and no doubt have an impact on her working relationship with her current employer.

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"Unless she has something in writing saying she wished to be informed of all potential employers before her CV was sent over, you're on a hiding to nothing"

 

 

I still don't see how your CURRENT employer is deemed a suitable POTENTIAL employer. Surely if your looking for work you wouldn't be going through an agency for role within a company your already work for?

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I'm sorry she had depression; you really do need to be very careful how you word things, especially in settlements, as that is not what you said at all.

 

Problematically you are looking for compensation for a theoretical loss. There was no *actual* settlement agreed which was then reduced.

 

Clearly she *was* actively looking for work elsewhere. If you were seeking compensation because work made her ill and she couldn't therefore work, the employer has a fair point.

 

It sounds like you are therefore seeking compensation because your white lie to the employer was uncovered..? Which is not really a case that will stand up.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The settlement has been accepted so the wording is not relevant. We do have written conformation that this figure was reduced due to the CV issue although no actual figures in written format. My wifes union rep was willing to give a statement as they originally negotiated with him on my wifes behalf. He suggested that the reduction was approx. 25%.

 

 

Is it unlawful to seek work whilst off sick even if the depression is work related due to the actions of the current employer?

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Is it unlawful to seek work whilst off sick even if the depression is work related due to the actions of the current employer?

 

 

Its not unlawful but it seriously damages her assertion that she was unable to work due to depression. This is particularly relevant since the recruitment consultant must have thought the open role being offered by her employer was suitable.

 

 

Technically speaking, if she brought Tribunal proceedings most likely she would have been required to disclose documents relating to her job search at the disclosure stage. The standard order for disclosure covers documents which damage her case.

 

I guess its possible you could put a small claim in for the recruitment consultant's breach of contract. It is an arguable claim especially if you have clear written evidence of what the employer was prepared to offer in settlement before they found out about it ... but certainly not a slam dunk.

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Is it unlawful to seek work whilst off sick even if the depression is work related due to the actions of the current employer?

 

No, you can search for a job whenever you like. But you can't then sneakily claim you were too unwell to work anywhere in a bid to up your compensation.

 

I'd move on... humans make errors. The recruitment agency could not have made an error if your wife hadn't been looking for a job. Your claim is tenuous at best.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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