job offer taken back

patman99

If they had given you an official start-date, then you would be able to sue them for breach of contract or constructive dismissal.

In employment law, if you are offered a job & given a start-date, then you are officially an employee of that company from that time. If the offer is subsiquently withdrawn, then this is considered to be 'Constructive dismissal' and you would be entitled to claim for any loss of earnings between the offered start-date and the gaining of your next employment (according to 'Unite').

If no actual date has been given, then you may not have a leg to stand-on, although you might have a case if you can prove that you turned-down 3 other employment oppurtunities due to the offer of employment starting after a security check, and as such had no prior knowledge of how long this process would take.

SarEl

patman99 wrote: »

If they had given you an official start-date, then you would be able to sue them for breach of contract or constructive dismissal.

In employment law, if you are offered a job & given a start-date, then you are officially an employee of that company from that time. If the offer is subsiquently withdrawn, then this is considered to be 'Constructive dismissal' and you would be entitled to claim for any loss of earnings between the offered start-date and the gaining of your next employment (according to 'Unite').

If no actual date has been given, then you may not have a leg to stand-on, although you might have a case if you can prove that you turned-down 3 other employment oppurtunities due to the offer of employment starting after a security check, and as such had no prior knowledge of how long this process would take.

This is complete and utter twaddle. Constructive unfair dismissal (a) is only applicable where someone resigns or is forced into resigning and (b) only applies after 12 months service. If a contract exists in this case (which it probably does not for reasons I have already explained) then the employer is entitled to terminate that contract by the giving of notice - just as any employer can terminate a contract. In so doing at under 52 weeks employment, the ONLY remedy is notice pay (i.e. potentially wrongful dismissal) and this would only apply if the start date and the notice period overlapped. So if the notice period was one month and notice was given on the 1 July, and the start date is 15th July, then the entitlement is to the pay lost between 15th July and the end of the month, and no longer. You would not be entitled to be even paid for the full month, since your "normal pay" between 1 - 14 July would be zero, so that is what you would get.

If you have obtained this information from UNITE, then they are entirely wrong and I would apprecaite a reference to where this information is so that I can inform them and get it corrected - they happen to be clients of mine!