job offer withdrawn

ohreally

Welshdebtor wrote: »

No I am on about employment contract


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

The contract exists immediately, you provide labour the employer provides the wage...master and servant relationship (which is what the employment law relationship is based upon)

The written statement (referred to above) should be provided within two months.

http://www.hmrc.gov.uk/manuals/esmmanual/esm7010.htm

Welshdebtor

ohreally wrote: »

The contract exists immediately, you provide labour the employer provides the wage...master and servant relationship.

The written statement (referred to above) comes within two months.

http://www.hmrc.gov.uk/manuals/esmmanual/esm7010.htm

So did the OP have a contract is what we need to know.

Taken from directgov "The employment contract is made as soon as you accept a job offer"

So did this e-mail of the job description etc actually offer the job. Or was any formal job offer made, and indeed accepted by the OP?

If a breach of contract has been carried out the most the OP will get is what would of been their wages for the notice period defined by the company. So the OP needs to decide if any action is worth the stress etc of getting a months wages, unless that companies notice period is longer or shorter.

bendix

All these budding employment law people on here are just irresponsibly encouraging the OP to waste time and energy on a futile exercise.

Get on with your life OP.

Welshdebtor

bendix wrote: »

All these budding employment law people on here are just irresponsibly encouraging the OP to waste time and energy on a futile exercise.

Get on with your life OP.

That is your opinion, as is it others. Mine is that they may have a case (providing an offer was made and accepted), but the OP needs to decide is all the effort required worth the result of getting a months wages (based on the company policy on notice required being 4 weeks). The OP has stated that she/he wants to take this as far as possible to stop it happening to others. That is their choice we can only advise on both sides. And I think what ever side we are on, we both agree the OP needs to decide is the effort worth it in the long run.

Welshdebtor

OP - has the employment lawyer the CAB referred you to been in touch yet now the bank holiday is out of the way?

ohreally

bendix wrote: »

All these budding employment law people on here are just irresponsibly encouraging the OP to waste time and energy on a futile exercise

Does this include the fully flourished ones?

Seriously, i don't see any encouragement, simply discussion.

zzzLazyDaisy

Welshdebtor wrote: »

That is your opinion, as is it others. Mine is that they may have a case (providing an offer was made and accepted), but the OP needs to decide is all the effort required worth the result of getting a months wages (based on the company policy on notice required being 4 weeks).

Just to clarify....

IF the reason for withdrawing the job offer was for a reason that the law deems discriminatory (and without full and proper legal advice it can only be an 'if' at this stage) compensation would include loss of wages for the period of time the tribunal considers it reasonable the OP might have worked for the employer before being lawfully dismisses, plus compensation for injury to feelings, plus notice pay. For a fairly low paid worker this is still likely to be a fairly small sum, but I just wanted to clarify calculation of compensation in discrimination cases.

Googlewhacker

zzzLazyDaisy wrote: »

Just to clarify....

IF the reason for withdrawing the job offer was for a reason that the law deems discriminatory (and without full and proper legal advice it can only be an 'if' at this stage) compensation would include loss of wages for the period of time the tribunal considers it reasonable the OP might have worked for the employer before being lawfully dismisses, plus compensation for injury to feelings, plus notice pay. For a fairly low paid worker this is still likely to be a fairly small sum, but I just wanted to clarify calculation of compensation in discrimination cases.

What is the 'average' though? I would guess between 6-12 months?

Cheers

Welshdebtor

zzzLazyDaisy wrote: »

Just to clarify....

IF the reason for withdrawing the job offer was for a reason that the law deems discriminatory (and without full and proper legal advice it can only be an 'if' at this stage) compensation would include loss of wages for the period of time the tribunal considers it reasonable the OP might have worked for the employer before being lawfully dismisses, plus compensation for injury to feelings, plus notice pay. For a fairly low paid worker this is still likely to be a fairly small sum, but I just wanted to clarify calculation of compensation in discrimination cases.

That is totally correct, there is differences if the reason was discriminatory.

ohreally

Googlewhacker wrote: »

What is the 'average' though? I would guess between 6-12 months

I would hazard at a couple of weeks being nearer the mark.