Legal action against potential employer

randomi15

Hi all,
I had a job offer which i took up.

I am currently on visa dependent on my partner whom is also on visa sponsored by an employer.
The offer mentioned I need to be CRB clear, all referencing coming back clear and having right to work here plus dozen other checks.


I met all those and waited 2 weeks from when the written offer was signed by both parties for them to conduct all of their checks and confirm I can hand in my resignation.

They asked me to sign a contract amendment confirming my continuous employment depends on me having visa which i signed.

They confirmed i can hand in my resignation 2 weeks ago so total of 1 month from offer.


They then asked for proof of residency of my partner which i was not legally required to provide but i did.

They turned around their decision saying they have found someone internally.

This is after me missing other opportunities as I declined their offer and handing my notice in. Offer was subject to satisfactory reference and right to work here which i met both.


I think this is based on nationality or racial discrimination.

What grounds do i have to sue them and what compensations I should look for?

I am really annoyed as they asked for myriad of documents and files so wasted so much of my time to then withdraw the offer

I appreciate any help and your understanding of my situation

Stevie_Palimo

Legal advice here is required rather than hearsay on a public forum, You need to speak with a Solicitor should you believe that you have grounds for any compensation.

k3lvc

randomi15 wrote: »

I think this is based on nationality or racial discrimination.

Why exactly ?

randomi15 wrote: »

What grounds do i have to sue them ?

None without some evidence of your claim

randomi15 wrote: »

what compensations I should look for?

None - i.e. the same as if you'd worked for them for under 2 years and they decided your face didn't fit

Undervalued

randomi15 wrote: »

I think this is based on nationality or racial discrimination.

What grounds do i have to sue them and what compensations I should look for?

I am really annoyed as they asked for myriad of documents and files so wasted so much of my time to then withdraw the offer

I agree with the comment above that you need professional legal advice.

Meanwhile a couple of points......

Whilst your suspicions may be right what hard evidence do you have that this is the case? It is one thing to "know" (i.e. suspect) but quite another to prove.

The other problem is that (apart from any special terms that may have been in your contract or certain types of unlawful discrimination) you have no protection against unfair dismissal during the first two years. Generally therefore this reduces the value of any claim as they could perfectly lawfully have "let you go" early on with nothing more than your contractual notice.

Yes, take advice, but keep very a close eye on what costs you are running up in even assessing whether you have a realistic case.

k3lvc

Undervalued wrote: »

I agree with the comment above that you need professional legal advice.

Meanwhile a couple of points......

Whilst your suspicions may be right what hard evidence do you have that this is the case? It is one thing to "know" (i.e. suspect) but quite another to prove.

The other problem is that (apart from any special terms that may have been in your contract or certain types of unlawful discrimination) you have no protection against unfair dismissal during the first two years. Generally therefore this reduces the value of any claim as they could perfectly lawfully have "let you go" early on with nothing more than your contractual notice.

Yes, take advice, but keep very a close eye on what costs you are running up in even assessing whether you have a realistic case.

OK - you put it far more succinctly than I did :rotfl:

Undervalued

k3lvc wrote: »

None - i.e. the same as if you'd worked for them for under 2 years and they decided your face didn't fit

That is not quite true. IF the OP could prove racial discrimination then that would lead to at least some compensation regardless of the fact they could have been lawfully dismissed for a non discriminatory reason.

k3lvc

Undervalued wrote: »

That is not quite true. IF the OP could prove racial discrimination then that would lead to at least some compensation regardless of the fact they could have been lawfully dismissed for a non discriminatory reason.

But the key here is the 'I think.....' - maybe with some more evidence on why there might be a clearer view on advice

randomi15

I think what is missed here is , they send contract to me signed and did all referncing. Make me undergo dozen checks to withdraw.

They especially picked on my residency status in the UK and asked too many question to all of which I answered acurretly and honestly from day one before the offer

1 month after offer and after they gave me a firm offer saying to hand in my notice.

None of the results were negative as per their email to me. All checks and referencing came back clear

It is very clear it is to do with nationality or visa status .

I know i can be dismissed with no reason for the first 2 years but I belive this is quite different.

They have quite clearly shown a discrimination

2 year law is based on capability and even then if there was any racial ground one can sue them

I am seeking legal advice but also looking for no win no fee solicitors as I don't want to spend thousands not being sure of the outcome

randomi15

k3lvc wrote: »

But the key here is the 'I think.....' - maybe with some more evidence on why there might be a clearer view on advice

They are not going to tell me they dismissed me based on racial ground.

They even said I was very good fit etc and did dozen of checks and all passed.

What is annoying me is they contacted every employer of mine for the past 10 years and especially asked me to hand in my notice

It is based on nothing else but race or visa both of which was not an issue

Undervalued

randomi15 wrote: »

They have quite clearly shown a discrimination

2 year law is based on capability and even then if there was any racial ground one can sue them

I am seeking legal advice but also looking for no win no fee solicitors as I don't want to spend thousands not being sure of the outcome

Not quite.

As I said you need professional one to one legal advice to assess whether there is sufficient evidence of unlawful discrimination.

The "2 year law" as you call it does not just relate to capability. During that time you can be dismissed for ANY reason or NO reason at all. The firm does not even have to give a reason.

You can only bring an unfair dismissal claim in the first two years if you can show that the real reason was one of the few types of discrimination that are prohibited by law. It is because they do not have to have a reason that it is so difficult to prove that you were unlawfully discriminated against.

You are probably quite right in your suspicions and yes, for what it is worth, I think it is disgraceful.

Also, be very careful that you fully understand any "no win no fee" agreement before you sign. Yes it protects you if you lose however it is quite possible to "win" but end up out of pocket under some circumstances.

bugslet

randomi15 wrote: »

It is very clear it is to do with nationality or visa status .

I'm not sure why a company that would go through the palaver, which it is for them as well as you, if they didn't want to employ you on the grounds of nationality or race. I think they must have known early on what race you are, so why not say from the off it's a no and save themselves a load of hassle.

Sounds they found an internal candidate - it happens.