Offer letter issued wrongly ...

RiverStar

Hi all, I work in the private care sector and my colleague
Put in his notice about 6 weeks ago. The stand in manager interviewed and offered the post to the best candidate. The lady accepted verbally, it was made clear offer conditional subject to disclosure and satisfactory references which can take a few weeks or longer.
Problem is the lady promptly handed in her notice and as previous job temporary was able to leave almost right away.
Now the MD has decided he wants to change the goalposts re job which doesn't suit new person the possibility is job may not exist now . Turns out the mgr had gone ahead with interview and offer letter without approval from MD.

I'm wondering if the lady can sue because she has an offer letter for loss of earnings and being offered a job then it no longer exists as such?

Many thanks for advice, if any other info is needed please let me know.

mountainofdebt

Well she's abit of a silly mare for handing in her notice when it was made clear that all the i's needed to be dotted and t's crossed before the job was officially hers.

At best I think she can hope that they will give her notice and pay her accordingly but I don't think she has a snowball's chance in hell o suing for loss of earnings

dseventy

RiverStar wrote: »

I'm wondering if the lady can sue because she has an offer letter for loss of earnings and being offered a job then it no longer exists as such?

No she can't.

D70

RiverStar

Hi, I agree with your Post mountain, she shouldn't have quit previous job before everything was in place.
The lady had told me she was intending visiting a lawyer ...
I believe the MD might just take her on board for a few months then dismiss and as we know legally she won't have a leg to stand on as employed less than 2 years.

I think even that is awful and underhand but if people would listen we wouldn't be in this mess.

Thanks again

marybelle01

I can't see why he would take her on at all. She had a conditional offer and it doesn't matter why it was conditional. There's no contract formed even.

PasturesNew

The employer holds the cards... they could let her start the job they offered, then after an hour call her in and say she's not up to the job - and lay her off without any reason anyway.

t0rt0ise

She is daft but still nasty of the company to do that to her. The emotional energy she will have expended during the whole process is worth more than to have the company simply withdraw the offer. Nasty people.

RiverStar

PasturesNew wrote: »

The employer holds the cards... they could let her start the job they offered, then after an hour call her in and say she's not up to the job - and lay her off without any reason anyway.

I think that just might be the plan

KiKi

A company can withdraw a job offer at any time. In effect they are giving notice which, because she hasn't started yet, is 0 days.

Job offers are withdrawn all the time, and that's why you should never hand in your notice until the last minute.

Nothing she can do, sorry.
KiKi

KiKi

t0rt0ise wrote: »

She is daft but still nasty of the company to do that to her. The emotional energy she will have expended during the whole process is worth more than to have the company simply withdraw the offer. Nasty people.

Not necessarily nasty at all - that's a huge assumption.

Things happen - they may have reassessed what they need, and changed their minds. There's probably nothing malicious in it whatsoever.

It might not be very nice, but it was a conditional offer, and she didn't get close to getting references or checks...they can withdraw an offer at any time. Any company can.

KiKi

RiverStar

marybelle01 wrote: »

I can't see why he would take her on at all. She had a conditional offer and it doesn't matter why it was conditional. There's no contract formed even.

Hi Marybelle, no contract was issued, the MD is currently awaiting guidance from the company's HR dept who are useless, I've already waited 9 weeks to answer to a simple question re my own pay rate/job description (prob subject of another thread lol).

It's the same old story, incompetent management who believe they can do what they want.
Thanks