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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, is there anything I can do to ensure that my former employer

Resolved Question:

Hi, is there anything I can do to ensure that my former employer only uses the reference in my Compromise Agreement, and refrains from giving 'off the record' briefings to prospective employers?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Have they breached the agreement or is this a hypothetical question?

Customer:

Hypothetical but also preemptive. I've been shortlisted for a job. A member of the interviewing panel is known to my former line manager - in fact, they worked together for many years.

Ben Jones :

Well ‘officially’ they must only provide the reference as per the agreement. But unfortunately it could be the case that they have a word ‘off the record’, over the phone or face to face. Technically they shouldn’t but it is impossible to prevent, especially as there will be no record of this conversation taking place and would be very difficult to prove. So it is certainly not unheard of for this to happen and the employee to be rejected for the job. The employer does not need to provide a reason for not employing you and it could be because of what the ex-employed told them about you off the record. So there is not much you can do to ensure that happens, it is simply impossible to do so and you have to hope the employer sticks to the terms of the agreement.

Customer:

Thanks much as I thought. Take the payment

Ben Jones :

You are welcome and sorry it may not be what you were hoping for but obviously need to be honest about the situation

Customer:

And its not because I'm trying to disguise any criminal activity - just a disagreement over staff restructuring. I'll sign off

Ben Jones :

yes it is unfortunate it is fr that reason but it would not prevent them sharing information unofficially, but let's hope it does not happen

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