Settlement Agreement - Reference Being Sought Outside Agreement

[Fat51]

Hi
Just heard a prospective employer is having a telephone reference from my previous employer next week which is covered by a settlement agreement. I've explained it's covered by a settlement agreement so how do I know the previous employer is not going to deviate from the agreed script?

I know I did a good job there and my agreed reference in the settlement agreement reflects my job there but my previous manager didn't like me very much so I'm a little apprehensive.

If I don't actually get an offer and it's down to this reference what are my rights?

Also now starting to feel uneasy about the prospective employer as pushing beyond the legal framework.....

Your settlement agreement almost certainly contains a non-disclosure clause. Your prospective employer therefore should not know anything about it. If there is a non-disclosure clause and you have breached it, that weakens your ability to do anything about breaches by your previous employer.

Even if there is no non-disclosure clause, it is unwise to tell a prospective employer that you left your previous employer with a settlement agreement (if that is what you did).

If your previous employer told your prospective employer about the existence of the agreement, they are in breach.

If they give a reference that departs from the agreed reference and you don't get offered the job as a result, you can take action against them for damages.

Your prospective employer is not "pushing beyond the legal framework". If they don't know about the settlement agreement, they are simply trying to get a reference. Even if they do know about it, it is not binding on them. They presumably haven't seen it so don't know what it says about who should be giving references or what form they should take.

In your situation, I would contact your previous employer's HR and tell them that you understand your prospective employer has arranged a telephone chat with your ex-manager to get a reference. I would expect them to put a stop to it and make it clear that any references must come from HR.

what do you mean by "Also now starting to feel uneasy about the prospective employer as pushing beyond the legal framework....."

Is there something else happening?