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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Can I publish a story about a case regarding unfair dismissal

Customer Question

Can I publish a story about a case regarding unfair dismissal after accepting an out of court compromise agreement ,after having won an appeal on a pre-tribunal hearing ?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

-Could you explain your situation a little more?
Customer: replied 4 years ago.


Certainly i can give more info .,, In October of 2007 I was dismissed ffor making accusations of a certain manager in a well know rail operating company in Scotland for being a racist and a back biter .. In response the management also brought up charges that I had pestered and threatened a female member of staff . The evidence which they provided was a non existing date of (thursday june 6th 2007) As June 6th is my Birthdays I knew for a fact that June 6th was not a Thursday .. The company did not include this accusation on my final notice .

How ever I took this matter up with the industrial Tribunal after my dismissal and it went to pre hearing in 2008 , which continued into 2009 as the hearing judge took unwell . In 2009 I lost the pre tribunal hearing and appealed against it as I felt that the conclusion made on the decision was inaccurate .

On my pre - hearing tribunal appeal in December 2009 the decision was overturned in my favour by Justice Underhill , stating that there did seem to be a case to prove regarding racial victimisation by the company , there by allowing it to go to a full hearing in 2010 . However two weeks before the full hearing , the company wanted an out of court settlement to be reached and I eventually agreed to a certain sum after advise from my solicitors . To get the sum I was asked to fill in a compromise agreement for the sum of £10,000. The agreement states that should I publish any material make any condescending or derogatory remarks regarding any of the members of staff involved in the case , I am to return the £10,000. I do not intend to do any name calling but stick to the facts of the case for which I have documentation provided by the company during the disciplinary hearing in 2007 .

Expert:  James Mather replied 4 years ago.
If this is Scotalnd I will transfer to Scottish law.Please advise if it is.
Is there non diclosure clause in the agrement? there usualy is. Why do you want to publish it?
Customer: replied 4 years ago.

Yes it is in Scotland . There may be a non -disclosure clause involving the amount awarded to myself and the people involved in the case . But it states that the sum awarded will be claimed back if I were to make any disparaging remarks or comments against the staff involved . As I have mentioned , I only intend to go by the documented facts of the case and stick to them , which includes the dialogue transcripts .

The reason I want to publish it is because the company were in breach of several procedures their own company anti-harassment policy rules and regulations . The breaches includes a breach of confidentiality by a supervisor to whom I had written to regarding the harassment issue about this manager .The supervisor passed on my letter of complaint to the manager I was complaining against instead of passing to to the HR manager .

Also , the company claimed that my complaint could not be investigated as it had happened 10 years before and could not be investigated , even though transcripts from the investigating manager suggests that they were aware of a problem existing between myself and this manager before I made a formal complaint...

If the last paragraph is confusing you , let me explain. . The manager in question was a supervisor at the time of the harassment incident . The man shoved his face close to me as I was doing my job , while he sat right next to me . he did this while he claimed that he was "assessing me" regarding my "poor performance" which is not on my record . Through being rather naieve at the time , when I went to my line manager( this guy's boss) I did not make a formal complaint as my line manager indicated to me that he was aware of what had happened and that he did not sanction it . I moved to another area after about 7 months later and I never felt comfortable about it when I found out that nothing had been done about this man and that he had now become a manager just 12 months after the incident ( but not a manager in my area. ). .

After I mentioned about the incident in my area , one or two superviors started harassing my self but in a different way . After 10 years I had a mental breakdown and attempted to take my life with an overdose of a drugs cocktail and a full bottle of vodka , but my body just rejected the whole lot and I regurgitated everything back out . As a result I decided to take time off work. During my time off work I learnt that this manager was now going to become my manager .

It was at this point I wrote a letter to a supervisor (who I thought I knew) explained the situation about how I felt about this person and asked the supervisor to keep matters confidential as I was going to take the matter up to a higher office . However this supervisor did not keep it confidential and instead reported it to the man who I was making the complaint against and showed him the letter , which is a breach of the company regulations .

As you can see I have a lot to say about the whole thing and I feel that this is something that people should know about even if I have to change names of the people involved in this .

Expert:  James Mather replied 4 years ago.
I appreciate that you’re annoyed with this company but what is the purpose of publishing it? Are you just venting your spleen?
If there is a nondisclosure clause which would usually refer to even the very existence of the agreement, and not just what is in it, how would you propose to get round to that?