Originally posted by fullyautomatix
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Giving a negative reference however could find the person giving the negative reference in a court of law on a variety of charges depending on what the background is. In the worst case where there is no discrimination and/or no compromise agree the person can sue for liable or defamation of character.
In this case it would be a breach of the compromise agreement. And as it's a compromise agreement you can legally demand to see a copy of the reference provided.
References are not confidential any more as you can get all references legally using a Data Subject Access Request under the Data Protection Act from the company who received the reference.
If you wish to slag someone of do it over the phone but hope that the person at the other end isn't taking notes as those notes could be used to sue you. (I know a case where this actually happened.)


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