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MatthewM1117
MatthewM1117, Advocate
Category: Employment Law
Satisfied Customers: 1412
Experience:  Expert
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Is it fair under employment law to agree that I be able to

Customer Question

Is it fair under employment law to agree that I be able to share my story without naming the company?
Submitted: 19 days ago.
Category: Employment Law
Expert:  MatthewM1117 replied 19 days ago.
Good afternoon, thank you for contacting Just Answer my name is***** am a practising solicitor with several years experience and I will be assisting you today. Please note that this is a Q and A platform and no lawyer client relationship is created. Has your claim gone to final hearing?
Customer: replied 19 days ago.
I am currently trying to agree the wording on a COT3
Expert:  MatthewM1117 replied 19 days ago.

Thank you for the clarification, I am presuming that the respondents wish to include a confidentiality clause and you do not wish to agree to this?

Customer: replied 19 days ago.
That is correct.
Expert:  MatthewM1117 replied 19 days ago.

The COT3 like any contract is subject to negotiation between the parties, however that being said I have never agreed a COT3 without a confidentiality clause in several years of practising in employment law.

It is fundamental to respondents to keep any forms of settlement confidential and it is unlikely that the respondents will agree to a COT3 will be agreed without a confidentiality clause.

Customer: replied 19 days ago.
I understand that.
But my question is specific to the area of confidentiality.
I would agree to not share the settlement and the company I have experienced the circumstances but would it be completely unusual to not agree sharing the circumstances that occured?
Expert:  MatthewM1117 replied 19 days ago.

It would be up to the respondents to agree this however I believe that this is unlikely.  Even if you did not mention the company by name other colleagues could assume who you were referring to.

Expert:  MatthewM1117 replied 19 days ago.
Do you have any follow up questions?
Customer: replied 19 days ago.
They have already told too many employees about the entire scenario as well as people outside of the organisation.
Customer: replied 19 days ago.
Against policy and my wishes
Expert:  MatthewM1117 replied 19 days ago.

You could try to put this forward as an argument not to include an all- encompassing confidentiality clause, however I cannot guarantee that this would succeed. The only alternative would be to withdraw from COT3 negotiations and to take the matter to full and final hearing then you are free to discuss the claim as judgements are published online.

Customer: replied 19 days ago.
Thank you Matthew.
A full and final hearing could be lengthy. I chose this option as the company were dragging out the grievance process for months and it impacted my health dramatically also it does not guarantee compensation.
Customer: replied 19 days ago.
I will explore the options of not to include an all encompassing confidentiality clause
Expert:  MatthewM1117 replied 19 days ago.

Yes that is the downside to a full merits hearing. We wish you all the best with your matter going forwards.

Customer: replied 19 days ago.
Thank you
Expert:  MatthewM1117 replied 19 days ago.
Happy to help.