Can you get an employer reference with a compromise agreement?
Picture the situation: you work in a small industry and are concerned that your boss is likely to spread unkind rumours that may influence prospective employers. Furthermore you are fairly sure he/she will not be writing you a reference for a new job. Prospects are looking pretty bleak. You begin to wonder if it was your fault that things went so wrong. Maybe if you get a bad name, you deserve it. Your self esteem starts to sink...confidence wanes.
The problem is that it isn’t a legal requirement for an employer to provide a reference. So if they don’t want to, they aren’t going to write one. A compromise agreement may be the answer you’re looking for. A condition can be included into the agreement which stipulates that the employer must provide a reference which matches a pre-drafted letter known as a protected reference. Failure to comply with this would mean that your employer is in breach of the compromise agreement and would be liable.
The employer has the right to refuse inclusion of the reference in the agreement. However the good thing about the agreement is that it works for both parties, providing a win, win situation for all involved. You can move on with your life, feeling calmer, and find a new job; your employer can return to his/her work without the threat of further legal action.
Asking your solicitor to negotiate a mutually beneficial agreement on your behalf is most likely the best way to obtain what you want out of the agreement.
As well as this, it is possible to include a clause within the employment compromise agreement which prohibits the employer from saying anything derogatory about you, the employee. This applies particularly to employment that has not ended on good terms. It gives you the freedom and confidence to accept any new job offer in the knowledge that the terms of the compromise agreement will protect you from any negative comments from your former boss. Isn’t that better than a constant niggling worry every time a job application might be turned down wondering if...
So seek advice from a specialist Compromise Agreement Solicitors, put aside your fears and worries about having a bad name follow you around. Remember, the Law is there to protect both parties. Your former employer could also have been at fault. Relax about the cost too, as it is unlikely you will have to pay, as it's fairly standard practice that an employer will pay the reasonable legal fees of your Compromise Agreement Solicitor.
For expert legal advice in Wiltshire for UK Compromise Agreements - from Southampton to Swindon -- contact our Employment Law Solicitors today.