Offer letter issued wrongly ...

RiverStar

KiKi wrote: »

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Job offers are withdrawn all the time, and that's why you should never hand in your notice until the last minute.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

Thanks Kiki, it'll be a hard lesson to learn, not to jump the gun and hand in notice without proper clearance etc

KiKi

RiverStar wrote: »

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

It doesn't matter if a contract was issued anyway; it wouldn't make any difference. What is he waiting for guidance on? They have NO obligation to her, no requirement to take her on, and can sack her for almost any reason in the first two years anyway.

It may be incompetence, or it may be a genuine reassessment of what they need.

KiKi

antrobus

KiKi wrote: »

It doesn't matter if a contract was issued anyway; it wouldn't make any difference...

Yes it does. If there was a contract, you can sue for breach of contract. The problem in this case is that there was a conditional offer. A conditional offer is no more than a statement of intent by an employer that an offer will be forthcoming once the conditions are satisfied. In the OP's case, things never got that far it seems, so the lady in question has no cause for action.

RiverStar

KiKi wrote: »

It doesn't matter if a contract was issued anyway; it wouldn't make any difference. What is he waiting for guidance on? They have NO obligation to her, no requirement to take her on, and can sack her for almost any reason in the first two years anyway.

It may be incompetence, or it may be a genuine reassessment of what they need.

KiKi

Sorry, I forgot to mention there is a possible conflict of interest as well as this lady has a close relative as resident although there would
be no direct contact via the job. My Manager contacted the care commission who have given their approval, however, the MD isn't happy and says its our company policy not to employ close
Relatives. Lady is now demanding to see the company's policy on this
Matter.
And yes the manager who offered her the job knew all this anyway and it's the new manager who contacted the CC.
I think the MD is waiting on guidance on the conflicting interst part and the lady has 'threatened' to seek legal advise re this and what might be a non job offer.
Thanks again for all replies

KiKi

antrobus wrote: »

Yes it does. If there was a contract, you can sue for breach of contract. The problem in this case is that there was a conditional offer.

How can you sue for breach of contract if they're giving notice on it? As she hasn't started work, yet, there would be nothing to sue for.

(That's not an "I'm right" statement - it's a genuine question!)