Ex-employer has forgotten about compromise agreement.

[Julian Lineton]

I was dismissed by an employer in 2000, after taking the matter to tribunal, before the hearing a settlement was agreeded to and a COT produced. This included an agreeded reference. I have not had the need to call upon this but it was put there just in case. I would now like to get the employer to issue the reference as agreeded. There were no time limits set in the COT. However, on contacting the employer they now say they have destroyed all records and have no record of this. I had understood that this was a legel agreement and that is remains binding in perputituty. I have done nothing to breach this agreement so as far as I sand it still applies. But their human resources department say they cannot issue a reference due to the passage of time. Is this actionable? The COT will be surely avaliable from Bury St' Edmands or failing that I could dig out a copy? Where do I stand?

JRL

[Eloise01]

Re: Ex-employer has forgotten about compromise agreement.

Nowhere. Whilst COT3's and/or compromise agreements (the two things are similar, but not the same thing) do not have any "expiry date", they are generally agreed as not being actionable - even when breached - within 24 - 36 months. Truthfully, they are difficult to action if someone breaches them even before that. They depend more on people being honourable than effective legal consequences. But after 13 years, you have no chance, and I can't think of many employers whatever the circumstances who would provide a reference for an employee who left 13 years ago. Why do you need a reference from an employer you haven't worked for in such a long time?

[FlamingParrot]

Re: Ex-employer has forgotten about compromise agreement.

I had one of them compromise agreements drawn up in 2003, it was supposed to be for five years.

I agree with Eloise, you don't need to provide references as far back as 2000, even in the financial sector, they wanted full details for the last five years. Normally your CV would only need to go back 10 years unless you did something truly outstanding in the distant past, in which case you'd mention it, but wouldn't offer references for such a job. No-one could reasonably expect to contact someone who employed you in 2000!

[Julian Lineton]

Re: Ex-employer has forgotten about compromise agreement.

The reason is that I am applying for some education credit for prior experience to get admission to a further course. The agreeded reference details the work I did in some detail and is what is needed for this application. The reference the employer is willing to supply only details the dates of employment, employment location, and job title and does not tell the educational establishment what kinds or work I did.

That is the specifics. On a broader point what is the point of these compromise agreements if they are not binding. Most all employers insist on confidentiality. What is the point if they become un-inforceable with in 2 years? Why does so much in employment law seem like it is shifting sand. When is an agrement or contract fixed!

Thanks for your further comments on this.

JRL

[Eloise01]

Re: Ex-employer has forgotten about compromise agreement.

It takes an awful lot to make them really enforceable even under two years! But I am afraid that thirteen years is really beyond the pale in terms of what you can expect, and since there is no quantifiable detriment, certainly not actionable. Surely you have a copy of the agreed reference? It is standard procedure to attach an agreed reference to the agreement.

[Inca]

Re: Ex-employer has forgotten about compromise agreement.

I can't even remember half the people I had working for me 13 years ago,,let alone find relevant paperwork for them.

[FlamingParrot]

Re: Ex-employer has forgotten about compromise agreement.

The reason is that I am applying for some education credit for prior experience to get admission to a further course. The agreeded reference details the work I did in some detail and is what is needed for this application. The reference the employer is willing to supply only details the dates of employment, employment location, and job title and does not tell the educational establishment what kinds or work I did.

After 13 years, you are lucky they still have those records and are able to supply all those details. When you send a SAR, most banks only return data for the past 6 years and argue they can't go further back.

In certain sectors, confirming dates and job titles has become the norm, employers are often reluctant to provide further detail, good or bad.

That is the specifics. On a broader point what is the point of these compromise agreements if they are not binding. Most all employers insist on confidentiality. What is the point if they become un-inforceable with in 2 years? Why does so much in employment law seem like it is shifting sand. When is an agrement or contract fixed!

Thanks for your further comments on this.

JRL

The point is to allow you to find employment after being dismissed (presumably you were, hence the agreement :ohwell. Your last employer is always the most important, any employer will want to know how your last employment ended and what you did. Many employers ask for just 3 or so years of references, 5 at the most. I was sacked for alleged gross misconduct in 2003 and had one of them agreements with an agreed reference and it was most useful for me, I had no problem finding work.

I assume you also managed to find work after that employment ended in 2000, if so, well, that was precisely the point!