Confidentiality employment settlement

[Amber10078]

Hi,
I hope someone can help as I'm so stressed and worried at the moment. I have worked at the same company for over 15 years and have been off sick with stress since June 2018 after numerous meetings with work we came to an termination agreement as I believe the job was having a negative impact on my health. As part of the severance I had to sign a confidentiality agreement which I did and now my employer has contacted me a week before I'm due to be paid advising there may have been a breach of the confidentiality and this could effect my payment. I have not discussed anything with anyone where I worked so I know for a fact I haven't broke the agreement (the only person I have discussed it with is a close friend who I don't think would repeat to anyone) but worried that the company is trying to pull a fast one so not have to pay me. They haven't given me any further information at this point and said they are investigating this. I am out of my mind with worry that they are going to withhold this much needed payment as I am a single parent and cannot afford to pay things like my mortgage without this. If they do refuse to pay me can I request evidence of the breach along with the full details of the investigation? Surely they need to provide evidence of the breach not just their say so? Thanks Amber x

If there was a breach, then, it looks like it was from their side, not yours. I'd wait to see what they say next. Can you ask your friend whether she's said anything at all? It would be better to know. Do you work with her or does she know any of your colleagues?

If that's literally what they've said; that there may have been a breach; I'd just wait and see what they come back with - that implies the breach may have been on their side.

What exactly is the wording of the confidentiality clause? They would normally cover telling anyone, not just a former colleague.

Once they provide you with evidence of the alleged breach, you should take legal advice. You should have had advice before signing the agreement, so I'd contact them again. There may be a charge for further advice, but the solicitor would advise of this before going any further. If you can't afford it then speak to CAB, they may be able to refer you to a specialist.

My friend used to work with me at a previous company and I've asked her and she has promised she hasn't mentioned it to anyone. My ex manager called me to inform me of the breach and he said they had to advise me of the breach as it could effect my payment. When I had my final meeting they advised I couldn't discuss with any other employees but could confide in friends and family (I have only discussed with my friend as I don't want my family to worry) the company I worked for have a ruthless reputation so I don't trust them at all hence me worrying x

Get an employment lawyer (if you haven't already). Mine was brilliant and fought my case very well, getting me a very good deal. Worth every penny.

You must be so worried, OP. They will need evidence of a breach that is down to you, to withhold payment, surely? I can recommend you a specialist disability employment solicitor, if you need.

As part of this process they should have advised you to retain a lawyer (and pay enough to cover one consultation). Did they?

Don't they have to tell you what the breach was? How can they break contract without producing evidence.

I'm absolutely in pieces with it all, the stress of it all is making me physically sick. I am hoping it is just down to the gossips (the place is full of them) but if not and they try to do me over I will want all the evidence they have along with the full investigation notes (I'm sure they can't with old this?) I will then take to CAB as I can't afford a solicitor x

Did they give you the opportunity to contact an employer lawyer before you signed the agreement? It's normal for them to pay up to a set amount for you to obtain legal advice but you can go to a lawyer if your choice.

No they never advised I could take legal advice just read through the contract and had it witnessed by a colleague of my choice who also agreed to keep confidential and signed. I was just so relieved to never go back and not have the stress of it hanging over me I signed and left as quickly as possible

Do you have a copy of the agreement you signed?

If you weren't given the opportunity to seek legal advice then their confidentiality agreement probably wouldn't stand up in court. Phone ACAS for some proper advice.

I have a copy of the agreement which they gave me and also signed, I've read through it numerous times to check and I haven't broken any of conditions. I'm hoping they will call me and update me further tomorrow as I won't be sleeping tonight with it hanging over me x

You cannot sign a legally binding settlement agreement without the company paying for a legal consultation for you.

Do you have your copy of the agreement? Does it mention legal advice at all?

They are supposed to pay £250 plus vat for you get legal advice they seem naive. You can't sign anything without this they are on dangerous ground

Insist on immediate payment and then see a solicitor

No mention of legal advice from them in meetings or on contract x

Ring ACAS. Your employer has not acted appropriately.

I'd give ACAS a call in the morning; but I'm fairly sure the agreement is not binding without the legal advice consultation being paid, and therefore neither of you need to stick to it.

It may well go back to the drawing board to start again. When were you due to be paid?

Thanks everyone, I'm going to ring ACAS in the morning. When they were going through the process with me I believed they were really doing me a favour and I just took what they said as good advice. I've been so I'll with stress and anxiety and this solution seemed to help. I was really starting to feel better until I got this call today x

I hope you're doing okay and managed to talk to ACAS this morning