Settlement Agreement aftermath

[Arkengarthdale]

Hi all

I went through a terrible time with a now ex employer, having to carry a huge workload and also bullying by a member of staff then two managers. It affected my health (I suffer from mental health issues - occupational health say my condition is likely to be classed as a disability) as the working environment was not safe for me.

I raised a grievance, went through all the processes and eventually the company made a settlement agreement and I left. Part of the settlement was an agreed reference.

I have recently been offered another post with another company but have just been rejected due to lack of satisfactory references. I met the prospective employer's occupational health department and was up front and honest about how the work environment exacerbated my condition. I have previous occ health reports stating the problems had been a management issue and that my ill health was due to the working environment.

Might I have any comeback under the settlement agreement? I did have high levels of sickness due to the unsafe working environment which is documented. I fear I am being discriminated against due to disability.

Does anyone please have any advice on how to deal with this? Sorry for length of post and thanks in advance.

[flowery]

You have two separate issues, surely? You talk about comeback under the settlement agreement (presumably on the basis that the correct reference wasn't supplied) but then go on to talk about occupational health and disability discrimination.

Either your ex employer provided the agreed text for the reference or they didn't. You should ask the prospective employer for a copy of the reference they received. If it is the correct one, then your ex employer has done what they should do, so no 'comeback' under the settlement agreement.

On the other hand, if you have been discriminated against because of your disability, that will be the prospective employer who has done that, not the old one, so you need to focus on them. If you think it's your health that has caused this, presumably you therefore think 'unsatisfactory references' is not true at all, just something the new employer has said to avoid problems?

I think you need two things from the new employer. You need a copy of the reference in order to eliminate that, and you need a copy of their OH report. You can then take it from there in terms of what the reason is for withdrawal of the offer and how to approach it.

[Arkengarthdale]

Thank you very much indeed flowery, I think you have understood exactly what I was trying to say. I've just noticed that the rejection letter is dated two weeks ago, when they told me they had not yet received the GP report. I think the old employer probably used the agreed text but they were probably asked the number of sick days which without context does sound horrendous. It's probably the new employer discriminating.

It's still a blow. I've worked so hard to regain enough health to be able to work.