Help,Job offer withdrawn on day due to start!

quidsinquentin

I'd try the CAB first, to see if there is any Employment Law option to go at. Ask the new company for 'feedback' or even a face-to-face meeting if possible (you might be able to get them to change their mind if you think its worth it).

If not, try 'leaning' on the Agency to get the new employer to change their mind.

You could also try 'leaning' on the Agency to find you a better position because of the 'devastating effect' this situation has had on you. You might even be able to turn the situation to your advantage.

You could go to your MP and ask for their help - quoting that you are about to add to the unemployment statistics because of this new employer and the Agency. Even if its just a letter to the Agency from your MP it can put the willies up them (fear of legal action). I did this and it worked.

Get stuck in mate - you've nothing to lose!

ohreally

Astaroth wrote:

An offer/ acceptance on a job is not considered a contract but more an agreement that a contract would be formed.

My understanding is once an (unconditional) offer is made, then a contract is formed.

Astaroth

If that were the case then they could have a 12 month notice period and have to pay 90% of your salary to a Sports and Social club and because you have agreed the offer you would be equally bound by the contract as they are to give you the job.

ohreally

The point your trying to make is not clear.The notice period would be governed by express terms of the contract,likely to reflect the statutory minimum.In terms of unrealistic contract terms such as the ones you refer to, i have never been aware of any stipulations such as this, are you seriously suggesting you have encountered this before?

ohreally

merikiito wrote:

I am now without work and do not know where I stand, any ideas anyone?

http://www.direct.gov.uk/Employment/Employees/StartingANewJob/StartingANewJobArticles/fs/en?CONTENT_ID=10026703&chk=XoTWIY

''Accepting an unconditional offer''
Once you've accepted an unconditional offer, a contract of employment exists between you and your new employer.

Call ACAS for advice and assistance to progress this.

fannyadams

Yeah - that's the phrase I used in my letter to the people who phoned me and gave me a job then withdrew it a few weeks later.

Astaroth - you are playing devilled avocado!

With the benefit of hindsight I now wait for ALL the paperwork to be signed off and I actually have the offer in writing BEFORE i hand in my notice - Although there is nothing stopping you from being on holiday whilst on notice. I have worked two jobs (been on hols from old job whilst working for new job - YES it's legal, YES it's OK to do this, and No it doesn't muck your tax up).

Chrysalis

I cant see how verbal agreements can be binding you would need something on paper, otherwise I could goto a solicitor saying a bank offered me 100k a year position then changed their mind.

I myself have experienced this problem tho, an agency got me a data entry job said I be starting later that week but the company wanted to see me to give me tour etc. So I turned up and noticed it was more liek a job interview. surprise surprise got phone call next day saying I was no longer required.

I guess it was a case of my face doesnt fit, thats the problem now days employers can pick out people they like simply if their face fits the job and get away with it so if you ugly tough luck.

Astaroth

Yes I am exagerating the case to make the point.

ACAS wrote:

Who has an employment contract?

All employees have a contract of employment. A contract exists as soon as an employee accepts an employer's terms and conditions of employment.

I assume the OP had never seen a copy of the terms and conditions yet as they had only had a verbal conditional offer


The whole debate is somewhat flawed anyway as the OP did state that the offer was conditional on references - needless to say the employer will probably say they had an issue with the references and therefore the condition of the offer was not met.

Even if there was a case of a contract being in place then the employer only has to give 1 weeks notice for dismissing someone (and without having to give reason) in the first month of employment. Ok, so the OP would get 1 weeks pay but they would then have to put a 1 week job on their CV and be used for references and personally I wouldnt want a job with 1 weeks service there which I then got dismissed from.

lady_fuschia

Not really helpful, but I think you are at least entitled to an explanation of why the offer was withdrawn. I know that if you attend an interview and are refused the job you're entitled to request that they let you know the reason in writing (they will probably fob you off with some BS, but at least you get to annoy them that way.)

GhostHunter_3

Doubt its much help but can you not explain all this to your previous employer that you left and see if they will take you back?

A cheeky thing to do even if it does feel uncomfortable in such a situation but they may be sympathetic and help you.

Anyhow whatever happens good luck!


:beer:

GhostHunter