Withdrawal of Conditional Job offer after Accepetance

Haptic

Hi,

I'm really distressed and worried and would really appreciate some advice please:

I received a conditional job offer after a successful interview, the company sent me all the details via email, it was for a full time position. I sent a email back confirming my acceptance and also told them that I was pregnant and hope that this would not affect the offer in any way. I also handed in my notice of 1 week with my current employer

The manager emailed back in the morning saying that she did not know where it would stands as they need someone full time.

This was a little odd as the job was for full time position and this was what I was offered and accepted.

She also said the the HR person was on Holiday so she would have to pass it through to her first and wait till Monday till she got back.

I tried to retract my job resignation with my current employer but he was also on Holiday till Monday, but the agency I worked for managed to get in touch with him and let him know I was handing in my notice

On Monday I received an email from the company that offered me the job saying that they are withdrawing their offer. The reason being that that have assessed the position and the costs/resources would be to much and they lost a contract and received notice of the lost contract on the same day that I accepted the offer.

I'm now in the position where my Job will finish at the end of the week and I will be unemployed as my current employer has accepted my resignation and will not back down.

I like to think the best of people but I'm pretty sure if I hadn't have told them I was pregnant I would now be working there.

What options do have? Is there anything I can do as this is really stressing me out and I'm now in a much worse position than I was before.

Thanks

asajj

So the offer you have received was conditional or not ? I think it could change things I believe!

"Employees should wait until they get an unconditional offer before handing in their notice as a conditional offer could fall through."

https://www.gov.uk/job-offers-your-rights

Haptic

Hi,

It was conditional on satisfactory references and a medical questionnaire. I had to phone my agency up to find out the notice period that I had to give and by doing this they knew that I was planning on leaving so I told them them I had been offered a new job role.

Thanks

TBagpuss

I think there are a couple of issues:
1 is whether the job offer was unconditional or not, employment begins when an unconditional offer is accepted, or when the conditions of a conditional offer are fulfilled. You would need to take advice about what the situation is where you would have fulfilled the conditions (i.e. that you would have had good references and medical check)

the other issue is whether the offer was withdrawn due to them learning you are pregnant or not. http://www.equalityhumanrights.com/private-and-public-sector-guidance/employing-people/recruitment/your-rights-if-you-are-pregnant-or-maternity-leave
Withdrawing due to pregnancy is direct sex discrimination, however, if the company can show evidence that the job was withdrawn for other reasons (e.g. the loss of the contract), and they would have withdrawn the offer regardless of your pregnancy, then they are not guilty of discrimination.

It may be worth your while to call the ACAS helpline about the first question, and then take it from there.

Undervalued

Haptic wrote: »

I like to think the best of people but I'm pretty sure if I hadn't have told them I was pregnant I would now be working there.

It would be worth taking legal advice about this as if you could show (on the balance of probabilities) that the offer was withdrawn for this reason you would be in line for significant compensation.

Remember, an Employment Tribunal is a civil court so you don't need anything like the criminal standard of proof. You simply need to convince the tribunal there was a 51% chance.

Other than that, if you had agreed contract with the new employer then you are entitled to whatever notice period was agreed. If that runs past the date on which you were due to start then you have a claim for some pay.

Undervalued

TBagpuss wrote: »

It may be worth your while to call the ACAS helpline about the first question, and then take it from there.

Keep in mind that, at the first level, the ACAS helpline is staffed by people with limited training largely reading from a script. It is no substitute for proper legal advice.

SandC

Sounds well dodgy to me!

Thing is with it being conditional they can make up all sorts. However, have you any way of knowing if they are still advertising this position? Was it through an agency? How did you hear about it? I would do some investigating if I were you.

Undervalued

SandC wrote: »

Sounds well dodgy to me!

Thing is with it being conditional they can make up all sorts. However, have you any way of knowing if they are still advertising this position? Was it through an agency? How did you hear about it? I would do some investigating if I were you.

Yes indeed but don't let the firm even suspect that you are considering a discrimination claim until you have received proper advice.

Haptic

Hi,

The job was originally advertised in Jan 2015 (this was before I knew I was pregnant). I applied in Jan and heard nothing back so thought it had been given to someone else, then in early march they chased me up asking if I was still interested in the job. So I said yes had the interview and a mini induction to use their systems and meet the team.

A few days later I get call from the manager saying I was successful and HR would be in touch with the details. True to their word I received an email stating I had got the position along with the hours and salary, the job was conditional depending on references and medical questionnaire.

I replied back thanking them and accepting the role, then as I told them I was pregnant the manager email be back saying not sure how the offer stands as they needed someone full time.

Then a few days later I get a email from HR saying they are withdrawing the offer.

I have emailed them saying I'm upset and that I accepted the offer before they withdrew it but they have not replied back.


Many thanks for all you replies with this

Haptic

The job was advertised on a online job website , it was advertised through the company itself and there was no agency Involved.

Undervalued

Haptic wrote: »

I replied back thanking them and accepting the role, then as I told them I was pregnant the manager email be back saying not sure how the offer stands as they needed someone full time.

That sounds quite damming!

You really do need to get some professional advice on this. Note that there is usually a three month time limit to start a claim so don't delay.