COT3...Is this worth dealing with?

[MajoritySix]

Hi!

To try and keep this short, I agreed a COT3 with an ex-employer last year. I was taking them to court for disability discrimination and they settled. ACAS were due to negotiate everything but messed up and some things were left out, like the reference we’d agreed. They have since investigated and apologised but as the COT3 is already finalised, nothing could be done. We did agree that we would tell people I’d moved on to explore new opportunities but that didn’t make it into the final draft.

I had two messages via a social media site last week, both which refer to confusion over why I left. One says “I got the strong impression that it wasn’t your choice to leave”, the other is very similar and asks if I’m alright and if I’ve got back on my feet. It’s clear they both know something happened, and they (plus others) have alluded to me being let go.

I’m in an industry where reputation is really important. The company have been really awful since this started, they didn’t return the items they promised to and instead sent me a box of rubbish, for example. It’s all been very stressful.

Anyone got an opinion on whether it’s worth talking to ACAS or a solicitor again? Two of these people own the other companies I’d be likely to get a local job with, so it will effect me if they think I was sacked. I don’t really want to take them to court, but I do want them to leave me be!

[ULA]

Unfortunately, it is not enough to agree a good reference, the reference needs to be included as a term of the COT3 also, once COT3 terms have been agreed and completed it can often be difficult to challenge the validity of the agreement. Whether this would cover the fact that an agreed form of reference did not actual “make it” into the contract I am not sure.

I presume that so far you are not in a situation where a reference has been requested. However given what you have heard I should think you are wondering what your ex-employer might say on any reference request without an agreed form of words being in the COT3, particularly in relation to the reason for leaving.

If there was an issue with ACAS, then it may be worth speaking to them in the first instance about whether there is anything that can be done post the COT3 in regard to an agreed reference.

Generally, on references an employer does not have to give a work reference - but if they do, it must be fair and accurate. They can be brief and only give factual information such as job title, salary and employment dates.