Job offer retracted

Transporterchief2011

I applied for a care job and at interview I disclosed an assault charge 2 years ago that was admonished, Anyways I was successful at interview and received an offer of employment in writing. However 2 months later when my pvg disclosure arrived confirming exactly that charge I previously disclosed the Human Resources dept decided to retract my offer of employment :-( I would like to know if I have any legal recourse in this matter?

For what it's worth I have worked with this company for 4 months through a nursing agency and my feedback is that all staff and management concerned were very happy with my conduct and working standards.

dseventy

No, you have no recourse.

If you worked directly for the employer, you can be sacked up to 12 months service.

Through an agency probably have even less rights.

Sorry.

D70

smileylondongal

Do you think it has something to do with the job you were going for, e.g. in care rather than if you'd chosen, say, to work in a council or something? I wondered if they thought it and extra risk.

SarEl

I am sure that the offer was conditional upon the satisfactory pvg disclosure? It wasn't satisfactory, so you have no recourse to anyone except the potemtial employer. TBH, I don't think many care sector employers would take on someone with a recent charge of assault.

Transporterchief2011

SarEl wrote: »

I am sure that the offer was conditional upon the satisfactory pvg disclosure? It wasn't satisfactory, so you have no recourse to anyone except the potemtial employer. TBH, I don't think many care sector employers would take on someone with a recent charge of assault.

As I said the pvg disclosure came back with exactly what I had told them 3 months prior. The offer was made at the time with all information, the disclosure did come back satisfactory as it states I am not barred from any type of care work, also the assault charge was admonished and recorded on my record, I received no sentence, fine or community service this is why I was happily recruited by my present nursing agency. As the offer was made whilst in reciept of all the facts I fail to understand why they changed there minds?

elsien

I'm don't know about pvg disclosures in particular, but most job offers are conditional on satisfactory references, CRB checks etc, and although you may have told them about your charge in interview, they still need time to check the details and decide the implications for the particular job you have applied for, after which they can retract if they feel it necessary.
I have to be honest, I'm suprised that you're already working for them in an agency capacity, as an assault conviction would almost certainly mean that the care organisation I work for would not take you on. I don't mean to be judgemental as I don't know the details, just that as SarEl says assault and care jobs are generally mutually exclusive.

Tiddlywinks

I don't mean to be unkind but "admonished" does not necessarily mean that you did not commit the assault - there may have been mitigating circumstances or you may have been of previous good character or have shown remorse and that is why there may have been no conviction.

If you did commit the assault then can you really expect to get a job as a carer?

Transporterchief2011

Tiddlywinks wrote: »

I don't mean to be unkind but "admonished" does not necessarily mean that you did not commit the assault - there may have been mitigating circumstances or you may have been of previous good character or have shown remorse and that is why there may have been no conviction.

If you did commit the assault then can you really expect to get a job as a carer?

I did not commit the assault and I'm just trying to carry on with my life and do the job I love.

lanavdt

If it states on your pvg that you're not barred from working with vulnerable adults and children then I can't see why they would retract the offer, especially as you told them everything during your interview. Elsien, I'm a nursery nurse and have worked with several girls over the years with a wide variety of convictions against them and that hasn't prevented them from doing their jobs and doing them well so I fail to see the relevance of what you say.

Mani1978

Can't offer any advice, but just wanted to say am sorry that they retracted their offer, it must be so disheartening to think you have a job only for it to be taken off you. Good Luck.

elsien

lanavdt wrote: »

Elsien, I'm a nursery nurse and have worked with several girls over the years with a wide variety of convictions against them and that hasn't prevented them from doing their jobs and doing them well so I fail to see the relevance of what you say.

The relevance is likely to depend on the role and the setting. If you work on a one to one unsupervised basis with vulnerable adults who may have very poor communication skills and may not be able to tell anyone that they are unhappy then previous behaviour is extremely relevant. So for example a conviction for dishonesty is not going to stand someone in good stead if part of the job role is to help people who cannot count to manage their finances. This may not be an issue in a nursery setting but would certainly be a factor for care in the community - it's all about trust.

Transporterchief, have you asked them why they feel they can use you for agency but not a permanent role - is it a similar job for both or is one more supervised?