Job Offer withdrawn...... please advise

Hi,

Some 10 weeks ago I attended a job interview for a managerial job working for my local council on their environmental team. The job was contracted until March 2011. 30 minutes after interview I was called by the Head of Department and offered the job verbally which I accepted verbally.

Please bear in mind at this point that this job was advertised 'externally' as the council couldn't identify an 'internal' candidate suitable for the role. This was confirmed to me in the interview.

A week later I was verbally invited in to 'meet the team' and complete various admin such as a CRB and to provide names of my referees, which I did.

Initially there was some confusion re the CRB as they had given me an out of date form so I had to fill in the new one and I sent that off.

Over the 10 week period they called me to say my refererences had been received and were fine. Also over this period I received several texts from the Head of Department asking how my CRB was progressing etc.

My CRB finally came through a week ago so I called them to say so and they stated they'd get an offer letter out to me.

Nothing had come through so I called today to see what the hold up was and they said they'd call me back.

They called me back and I was told I can no longer have the job!! They gave the following 'reason'

1. the council has recently been informed they have to cut several hundred jobs to save money. (They were aware of this when I went to meet the team as they told me but said it wouldn't effect my job or any other job in their department)

2. The job must now be offered to internal candidates who are going to be made redundant.

3. I am an 'external candidate' so am no longer entitled to the job.

In effect the position still exists, but they want to fill it internally due to the imposed cuts.

My questions are -

1. Can they do this? Isn't the verbal offer, clear references, clear CRB and meeting the team 'enough' to suggest the job is clearly mine?

2. If not, can I claim for loss of earnings? ( i didnt take any other employment during the waiting period of 10 weeks as I kept imagining the start date was round the corner as I didnt know how bloody long those CRB checks take!).

Thanks all
«13

Comments

  • With nothing in writing confirming an unconditional job offer and your acceptance of the same, I'm afraid the bad news is that you can claim nothing from them.

    In my experience the public sector is in some turmoil on the recruitment front because things get worse by the day.
  • MT1
    MT1 Posts: 7 Forumite
    Hi, thanks for that, but I've just read on many HR websites that a verbal offer of employment is binding............

    Can anyone else chip in?
  • MT1 wrote: »

    Can anyone else chip in?

    Yes.

    I agree with LV.
    If you haven't got it - please don't flaunt it. TIA.
  • A verbal offer is only binding if you actually commence employment!
  • SarEl
    SarEl Posts: 5,683 Forumite
    busterian wrote: »
    A verbal offer is only binding if you actually commence employment!

    That isn't entirely true. Any unconditional offer of employment is binding. But this was not an unconditional offer and an unconditional offer was never actually made. What is more important is that even if an unconditional offer is made and accepted (at which point the contract of employment is formed), the best that you can achieve if that contract is then broken is notice. Since no start date was agreed , you cannot get notice pay because the "notice period" is before you get paid anyway!
  • MT1
    MT1 Posts: 7 Forumite
    Ok in that case can I ask what would comprise an 'unconditional offer' then?
  • SarEl
    SarEl Posts: 5,683 Forumite
    MT1 wrote: »
    Ok in that case can I ask what would comprise an 'unconditional offer' then?

    An offer that confrims without reservation (no conditions) that the job is yours and contains a start date. Anything less than that and you have nothing.
  • MT1
    MT1 Posts: 7 Forumite
    Does such an offer have to be in written form?
  • MT1

    What would you do if you started on day 1 and were let go on day 2?
    If you haven't got it - please don't flaunt it. TIA.
  • MT1
    MT1 Posts: 7 Forumite
    This is unlikely. The person who offered me the job has not made the decision to now not offer me the job, that decision has been made by 'HR' who are clearly being ridiculous.

    To add further insult to injury a quick look on their public website shows over 20 jobs currently being advertised EXTERNALLY!!! Which clearly disproves the reason they have given me :(
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