misleading job advert and interview invite

poppelina35

Hi I was after some advice. I recently applied for a job that was advertised as permanent, a few weeks later I was contacted by the HR dept and asked to attend an interview in Sheffield (I live in Bristol), during this phone call they also confirmed the salary was £3000 more than my current salary.

To attend the interview I took a days leave from my current job and spent £50 in petrol to get there and back.

When I attended the interview I was told that it wasn't permanent position, it was fixed term and the salary was less than I currently get paid.

If I had known this when applying or was told this during the phone call with HR I wouldnt have applied or attended the interview. I have therefore lost a days wages and £50 petrol costs and I'm feeling agrieved.

I'm considering an application to the small claims court and was wondering if anyone has had a similar experience? The conpany I had the interview with are a respected national brand and all in I have lost around £200.

hcb42

well you could try, but got to ask yourself is it worth it? You never know when your paths might cross again..I would chalk it up to experience myself..

Denning.

Hmm. Do you have proof of the original particulars?

marybelle01

If you took a days leave, you haven't lost a days wages?

Under which law do you think you could make a small claim - there is no contract in place here?

Have you discussed this with the company in question?

fannyadams

can you ask them if you can claim expenses for the fuel you used to get to the interview (and back)?

Denning.

marybelle01 wrote: »

If you took a days leave, you haven't lost a days wages?

Under which law do you think you could make a small claim - there is no contract in place here?

Have you discussed this with the company in question?

Someone relied on a promise of a interview for job X to their detriment. The interview was for job Y.

In theory that is sufficient to hold the promisor liable.

They have lost a days holiday, that is claimable as a full days salary.

poppelina35

Denning. wrote: »

Hmm. Do you have proof of the original particulars?

I have a copy of the original job advert showing it as permanent. The salary was only discussed over the phone.

Thanks for all your advice.

marybelle01

Denning. wrote: »

Someone relied on a promise of a interview for job X to their detriment. The interview was for job Y.

In theory that is sufficient to hold the promisor liable.

They have lost a days holiday, that is claimable as a full days salary.

OK so that says what the OP wants to hear. But my question was - which law has been broken? And what are their realistic chances of pursuing such a claim. There is no evidence of the salary offered. And there is no such thing as a "permanent job" when people can be dismissed within two years for pretty much any reason. So what did the employer actually "promise" - it seems that all they promised was an interview.

And shouldn't they try to resolve any issues with the other party before going to law?

Denning.

marybelle01 wrote: »

OK so that says what the OP wants to hear. But my question was - which law has been broken? And what are their realistic chances of pursuing such a claim. There is no evidence of the salary offered. And there is no such thing as a "permanent job" when people can be dismissed within two years for pretty much any reason. So what did the employer actually "promise" - it seems that all they promised was an interview.

And shouldn't they try to resolve any issues with the other party before going to law?

A contract was formed and broken by one side.

You are right, without proof of salary there is little prospect of success. They would need to try and resolve it before reaching court or it would be thrown out.

marybelle01

Denning. wrote: »

A contract was formed and broken by one side.

You are right, without proof of salary there is little prospect of success. They would need to try and resolve it before reaching court or it would be thrown out.

I'm sorry but I really am serious - what law has been broken? What contract has been formed, other than an offer of an interview? Surely, even if (which they cannot) the OP proves that the salary on offer was £XX, what is to prevent the employer from saying that that was the potential salary for the right candidate and that the OP wasn't the right candidate and was therefore given a reduced salary figure to reflect that? It isn't unheard of for people to be offered a job at a lower salary than that advertised - if an employer does this, which law are they breaking?

AP007

poppelina35 wrote: »

I have a copy of the original job advert showing it as permanent. The salary was only discussed over the phone.

Thanks for all your advice.

If the advert was placed on a site such as Reed you can report the job advert for being misleading/fake salary etc other than that they is not much you can do.