Are References my property?

[NoClue]

I recently left my job after entering into a settlement agreement after 6 years service. 3 Directors voluntarily provided highly positive references to assist me in securing a new role.
The CEO then failed to make one of 3 payments due from that settlement agreement. I requested it was settled many times over 3 months with no joy.
On finally deciding I had no choice but to take them to small claims for the monies due they have written to say they will make this payment BUT require me to return the references.
I think this is disgusting and my question is do I have any legal obligation to do so. Are they not now my property as a letter would be sent to me?
It feels like blackmail devised to make securing new employment harder.
All advise appreciated.
Kr
James

[efpom]

When the references were given to you, both the paper and the writing on it became your property. It was a gift - there being no legal obligation to provide a reference. Your former employer can not lawfully seek to have that gift returned to it, for any reason.

Further, if it later decided to give a reference contradicting it's earlier reference to any future employer, you can sue it in damages.

In McKie v Swindon College [2011] EWHC 469 the court held that a former employer was liable for making careless comments about an ex-employee in an email to the individual’s new employer six years after the employee left. The comments resulted in the dismissal of the individual.

The advice, therefore is to refuse to enter that agreement to settle, and put your former employer on notice that should it later furnish any other reference to any future employer, you will sue for damages per McKie v Swindon College

[NoClue]

Great advise many thanks! They are saying that they will only pay the amounts due if I agree to this so continuing to small claims seems nessacary and Im sure a judge would take a dim view that 1. Amounts clearly due in the agreement were not honoured , 2. That they resorted to something amounting to blackmail and designed to frustrate my odds of gaining other employment.

[NoClue]

Oh they were email references by the way not hard copy.

[efpom]

Email - makes no difference.

If you have issued court proceedings, or employment tribunal proceedings, you are entitled to claim your costs, because of the other party's unreasonable conduct of proceedings.

Have you issued court or tribunal proceedings?

[efpom]

Having thought about this, some more, it seems to me that what you are being asked to do is to refrain from using the references, when seeking new employment.

It would be useful if you could post up a suitably redacted copy of the offer to settle.

[NoClue]

Hi I have not submitted the smalls claims for the unpaid sums yet as understood I needed to allow a chance for mediation first. My solicitors that handled a review of the settlement agreement at the beginning were kind enough to chase payment over a number of months with no luck. They then wanted over a thousand to start litigation which they said may not be a recoverable cost even when I win. So I opted to continue myself and do a small claims and have the employeer notice of this. They then came back with the offer of settling at full.amount but added a condition I "returned the references provided".

[efpom]

Was this a settlement via ACAS?

[NoClue]

No. They called me into meeting to say they wanted to give some else a try in my position but wanted to offer a settlement package. That outlined 3 payments. I had solicitor review, both parties signed, no references were promised as part of agreement but they provided them when I asked, all positive etc. Then only 2 payments were made. I chased third through solicitor it was not paid, so threatened act in and got this offer to settle bug wanted references back. According to CEO he verbally had told me I would not get third payment as they would do something to reduce taxable portion. I had no recollection of this and it was prior to the written settlement I was given and signed.

[efpom]

OK - A verbal clause in a written Agreement is not worth the paper it's not printed on!

The fours corners of the written Agreement is what binds the parties, and nothing else.