job offer withdrawn

Googlewhacker

ohreally wrote: »

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

Personally I would hope so but you never know with tribunals, I guess its what is 'reasonable' at the end of things.

zzzLazyDaisy

I wouldn't even hazard a guess!

We don't know the facts. We haven't seen a doctor's report on if or how the rejection exacerbated OP's mental health problems, we haven't heard the evidence of the person who made the decision, we haven't seen the way the rejection letter was written.

Compensation for injury to feelings would be the main element, IF OP won their case, and that is very much in the lap of the Gods.

I have personally seen compensation totalling 12 months wages, and as little as a month's wages in disability discrimination cases. I have also seen people win on apparently little or no evidence, and people lose on apparently cast iron evidence. So I certainly wouldn't stick my neck out based on what is written on an internet forum!

angel1987

They havent given it to me in writing though i have requested it a few times. the lawyer who has been in touch today has tried to contact one of the managers and has had no response and has also left a telephone message. they believe it to be breach of contract and misrepresentation?

also, if someone leaves a company and their position is given to someone else the person who left cant suddenly just decide to come back surely? as their position is no longer availble to them?

zzzLazyDaisy

angel1987 wrote: »

also, if someone leaves a company and their position is given to someone else the person who left cant suddenly just decide to come back surely? as their position is no longer availble to them?

I don't understand the relevance of this question to your situation.

If someone leaves their employment voluntarily then no, the employer is under no obligation to allow them to return. But if the employer chooses to agree to their request to return that is a matter between that employer and its former employee.

Your only concern is 'did the employer behave in a legal manner towards me?' which is a separate issue.

Googlewhacker

angel1987 wrote: »

They havent given it to me in writing though i have requested it a few times. the lawyer who has been in touch today has tried to contact one of the managers and has had no response and has also left a telephone message. they believe it to be breach of contract and misrepresentation?

also, if someone leaves a company and their position is given to someone else the person who left cant suddenly just decide to come back surely? as their position is no longer availble to them?

Lol a manager would be an idiot to speak to one of your lawyers.....'no comment' would be a good phrase

GothicStirling

angel1987 wrote: »

They havent given it to me in writing though i have requested it a few times. the lawyer who has been in touch today has tried to contact one of the managers and has had no response and has also left a telephone message. they believe it to be breach of contract and misrepresentation?

also, if someone leaves a company and their position is given to someone else the person who left cant suddenly just decide to come back surely? as their position is no longer availble to them?

So are you saying the original vacancy no longer existed, because the vacating employee changed their mind?

And yes, I've seen this plenty.

angel1987

@gothicstirling- yes thats what im saying, the person left, their p[osition was filled so no job for them to return to.
and i suppose pp is right in saying that its irrelevant. but i strongly feel it was due to my previous record with them.

Savvy_Sue

angel1987 wrote: »

also, if someone leaves a company and their position is given to someone else the person who left cant suddenly just decide to come back surely? as their position is no longer availble to them?

zzzLazyDaisy wrote: »

If someone leaves their employment voluntarily then no, the employer is under no obligation to allow them to return. But if the employer chooses to agree to their request to return that is a matter between that employer and its former employee.

angel1987 wrote: »

@gothicstirling- yes thats what im saying, the person left, their p[osition was filled so no job for them to return to.

At work earlier today I had a conversation with a manager about the fact that we are discussing advertising a job where the colleague concerned hasn't actually given notice yet. They are waiting for an unconditional offer in writing before doing so: they won't get that until a CRB check has been done and references have been taken up. They have verbally stated that they will be moving on, timescale to be agreed.

If this person withdrew their notice, or left but then asked to come before their replacement started, why would we not keep them on? We know them, we know they're a good worker, we know they know us and the way we work. It would save a whole heap of training / induction / hand holding.

angel1987 wrote: »

and i suppose pp is right in saying that its irrelevant. but i strongly feel it was due to my previous record with them.

It's all down to what you can prove, however.

You got an interview, you got through the interview. What's the best use of your time and energy now, pursuing this knowing you won't get a job at the end of it, or getting back to job hunting? Even IF you win at tribunal, it wouldn't necessarily stop the same thing happening again: they might be more careful about what they say / how they say it to / who they say it to, but if a similar situation of over-recruitment arises again, they will do EXACTLY the same thing again and 'bump' either the last person appointed, or 'the person most likely to ...' in their opinion.

zzzLazyDaisy

angel1987 wrote: »

i suppose pp is right in saying that its irrelevant. but i strongly feel it was due to my previous record with them.

And thereby lies your problem.

The ONLY issue is whether the employer acted lawfully or not when it withdrew the offer.

Your feelings about what should or should not be viewed as fair are not going to change the situation one jot, if the facts are irrelevant in law.

Sorry if this sounds harsh, but you are going to waste a lot of time and needless energy getting nowhere fast if you persist in that approach.

relic

I do hope you live in a very, very big city.

You'd be surprised at how word gets around very quickly about an individuals reputation.