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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I was bullied out of my head of department post in a large

Customer Question

I was bullied out of my head of department post in a large secondary school. it got so bad that I signed a compromise agreement in the end of the advice of my union. (NUT). I got nearly 8 months salary. I the agreed reference was not sent out when requested by prospective employers when I sited the school as reference, the reference itself was very poor in fact just a list of facts like when I arrived etc...even the union said it was next to useless, I don't know why they agreed it. Anyway, I complained about it not being sent out when requested. The answer was that the head teacher didn't know I hadn't got copies of it to send myself, but this is not usually done like this, she told one school that phoned asking for the reference "I ve already given it to him get it from him" I wasn't happy at this decision. A fw months later as I was suffering from depression I started a blog in which I recounted the events of my bullying. Someone printed this on line blog out and even though I mentioned no names, the head teacher called the police and I was promptly arrested for "malicious Communication" and spent the day in the cells. I was let go with out charge and I successfully sues the police for wrongful arrest and false imprisonment, and also has the arrest removed from their data base. It took a year to do. Now, I wrote again to the school asking them who had told the police that I had left the job under a black cloud, I feel this was another breach of the CA. I did not get a sensible answer, however I was told to in future write to legal services at the council, which I did, I had no answer from them after several letters, then I got a letter from legal services saying that if I didn't not remove the blog they would be asking for the compromise agreement money back and also that I had defamed the leadership of the school etc. which I refute, on the grounds that it is fair comment. They suggest that by writing what happened to me I am breaking the agreement .
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. What would you like to know about this? Are you asking if you are in breach of the compromise agreement?

Customer:

yes, and whether they have any prospect of revocering the monies paid to be under this agreement

Customer:

I am also unhappy thaty my Union agreed the reference and then informed me that "quote" in was as useful as a one legged man in an arse kicking competition. ...not very helpful

Customer:

the things on my blog are like " while I was at lunch "our friend" said to me you shouldn't pose in that gey way in front of children and then expect them not to insult you"

Customer:

I make not direct reference to the person be recount the event from my point of view. she obviously doenst like this and recognises herself in these scenarios

taratill :

Does the agreement you signed have a confidentiality clause?

Customer:

its been going on like this since 2009

Customer:

it does

Customer:

it lists various things

Customer:

as I say I believe the head was the fisrt to break the agreement

Customer:

and this letter from legal services is there way of threatening me not ask them any more questions

taratill :

How, in your view, has the head breached the agreement?

Customer:

they can sue me for defamation that's ok I am ready for that

Customer:

when a school I applied to for a job they called the head teacher and asked for my referneces, she told them get it from him I have already given it to him. and also told the police that I had left the job "under a black cloud"

Customer:

thisis when I was arrested

taratill :

I need to know the exact wording of the confidentiality caluse?

Customer:

the agency called me to ask me why the head was so rude on the phone when they rewuested my refernce

taratill :

Hi thanks, XXXXX XXXXX you tell me the wording of the confidentiality agreement and did you get the job that you refer to?

Customer:

I did not get the job and continued enemployed ..I stopped using the her as a reference for fear she would do the same again and I got very few interviewd sending in my own reference

Customer:

I have a copy of the agreement

Customer:

I can sent it later ..

Customer:

I am willing to pay of course for advice

taratill :

Ok I'll wait for you to tell me the wording of the confidentiality clause as this is key.

Customer:

I got 1500/2000 compensation from the police after suing for wrongful arrest.. I asked them to remove the arrewt details as I thought it would impact on job prospects but they refused so I engaged a solicitor...and won

Customer:

Full Size Image

Customer:

this is the section that contains the confidentiality part..the rest is not about anything like that just a list of acts I wasn't allowed to bring a case against them for... and tax things...I can send you the pther pages but there are not relevant. I have a face book page called bullied at Beaumont and its was public but I made it private but as the police said it wasn't illegal...the only breach I can see is when she didn't send the reference to poepl that asked for it...

Customer:

are you still working on this or do I need to do something else?

taratill :

Hi sorry for the delay I was offline over the weekend. Did your blog disclose the fact that you had entered into the compromise agreement?

Customer:

no never

taratill :

HI in that case you have not breached the terms of the agreement and cannot be sued under it. They can, of course, consider a defamation of character claim, but you have already stated that you are prepared for that.

taratill :

If you have any further questions please do ask. if i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Full Size Image

Customer:

just wanted your view on this letter

Customer:

and re the defamation... surely the individuals if they recongnise I am talking about them have to sue rather than the city council;

taratill :

Hi if the school is named then the school can sue as it can be viewed as bringing them into disrepute.

Customer:

I got that letter 7 weeks after I wrote to the council complaining again about the heads breach and also to find out whpo told the police I left under a black cloud

taratill :

As I stated before I do not think you have breached the agreement. You should write back to say that you have not.

Customer:

the blog is always about what happened to me... supported by witnesses or documens

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

can I pay you to write the reply?


 

Expert:  taratill replied 3 years ago.
Hi we are limited to questions and answers by the nature of the website.

I would suggest that you just make it simple that you have not breached the agreement as you have not disclosed the fact of the agreement on the blog.

All the best with it.

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