job offer withdrawn

ohreally

bendix wrote: »

Isn't this all irrelevant? The offer may or may not be a contractual obligation, but as it is universally known and accepted that an employer can fire someone for no reason whatsoever in the first 12 months of employment, the end result is the same.

In this case they can simply say you're fired before you start.

End of discussion.

There are probably around 20 reasons that require no qualifying period to bring a complaint where dismissal may be alleged unfair.

This may be one of them.

zzzLazyDaisy

GothicStirling wrote: »

She's already said that the reason the offer was withdrawn, was because there was sufficient staff [i.e they didn't have the budget to cover the extra hours.]

I agree, OP has already said that was the reason given by the employer for withdrawing the job offer. But the employer is unlikely to say 'sorry but we just realised you have health problems, so we've decided not to employ you after all'.

With discrimination cases, the given reason and the real reason are often different, hence my question.

OP if you believe the real reason for the withdrawal of the job offer was because they belatedly realised that you have a history of depression, that 'may' be a discriminatory reason. This really isn't something that anyone on here can advise you about, because it would be necessary to know the facts and look at their recruitment policies and procedures, and statistics in more detail. I suggest that you give the EHRC a ring and ask to speak to one of their advisers.

http://www.equalityhumanrights.com/about-us/contact-us/

BUT whatever happens, you can't make them give you a job.

zzzLazyDaisy

bendix wrote: »

Isn't this all irrelevant? The offer may or may not be a contractual obligation, but as it is universally known and accepted that an employer can fire someone for no reason whatsoever in the first 12 months of employment, the end result is the same.

There is a difference between breach of contract and an unfair dismissal.

To all intents and purposes, breach of contract can be rectified by paying whatever notice is due. Even for a lawful dismissal during the first year, notice pay may still be payable (and certainly will be due after the first month). Failure to pay the notice due will still amount to a breach of contract even if the dismissal is fair in law.

Re the 12 month point - as another poster has commented - it is true that an employer can dismiss an employee within the first 12 months for any reason, or no reason at all PROVIDED that the dismissal not fall within one of the many exceptions to the 12 month rule.

angel1987

i do understand i would not get a job from it but i want the company to realise that they cant do this to people and make them think twice before doing it to someone else!
this is a big company im talking about.

relic

I'll be the first to admit I know very little about employment law.

Let me get this straight though;

You went to an interview for a team leader position
Told position wasn't available, but there was a sales position
This person then emailed you a job spec
Then told you the position was no longer available for whatever reason?

Did you sign anything, did you have anything on paper? The email you received, did it just outline the hours & pay, or was it an actual contract?

Until I sign a contract, I know I haven't got the job 100% yet, so unless i'm being incredibly stupid I don't see the problem?

ILW

angel1987 wrote: »

i do understand i would not get a job from it but i want the company to realise that they cant do this to people and make them think twice before doing it to someone else!
this is a big company im talking about.

If there is nothing in it for you, I would use your energies elsewhere.

Welshdebtor

relic wrote: »

I'll be the first to admit I know very little about employment law.

Let me get this straight though;

You went to an interview for a team leader position
Told position wasn't available, but there was a sales position
This person then emailed you a job spec
Then told you the position was no longer available for whatever reason?

Did you sign anything, did you have anything on paper? The email you received, did it just outline the hours & pay, or was it an actual contract?

Until I sign a contract, I know I haven't got the job 100% yet, so unless i'm being incredibly stupid I don't see the problem?

Not sure if it applies to the OP's case, but a contract of employment can be made verbally. A written contract only has to be given within the first few months of employment. So you can start a job but not actually be given your contract in writing for a while. Without checking I seem to have 2 months in my head.

ohreally

Welshdebtor wrote: »

So you can start a job but not actually be given your contract in writing for a while. Without checking I seem to have 2 months in my head.

Perhaps you confuse contract with written statement of particulars.

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_175704

Welshdebtor

ohreally wrote: »

Perhaps you confuse contract with written statement of particulars.

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_175704

No I am on about employment contract


http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027905

Welshdebtor

Either way I am not sure if either apply in this case without further thought.