Legal action against potential employer

sangie595

randomi15 wrote: »

I agree guys and not seeking revenge but put your self in my shoes

1 month of interview

1 month of job been offered and then withdrawed with no valid reason


I could have accepted much better oppurtunities which i didn't


I will have to sit down and have a proper think

They don't have to give you a reason at all - valid or not. It is up to you to prove it.


And as Poppie says - it happens. It happens a lot. There must be a couple of similar posts about withdrawn offers for no reason every few weeks. And if you turned down better offers that is down to your choice - you could just as easily have taken one of those and given backword that you were not taking the job. It works both ways.

FBaby

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.

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

Did they send an offer or a contract signed or both, it's confusing. If it was only an offer, was it a conditional one of final?

The whole process as you describe it doesn't much sense. Normally, you get offered the job after interview conditionally to you providing documents and meeting certain criteria. Then upon meeting criteria, you are given a final offer, which following agreement on details (hours of work, salary etc..), you are then given a contract of employment.

Your post are implying that they gave you a contract before they had received confirmation of your eligibility to work permanently in the country.

It sounds to me that they believed/were led to believe that the terms of your visa was dependent on yourself only, not your partner, and that when they realise that it was actually dependent on him, they were not interested in taking on someone who could become ineligible at any time as a result of their partner actions, ie. he gets sacked and that's the end of you being able to work for them? I can understand how this would make an employer anxious.

As for suing for discrimination, I don't get it at all. Surely if they didn't want someone foreign or requiring a visa, they wouldn't have bothered to offer you the job in the first place? Not sure how you intend on proving this one!

lincroft1710

Randomi, we have two sayings in England.

1. A bird in the hand is worth two in the bush.

2. Take the money and run!

The first perhaps needs some explanation. What you have (goodwill gesture) is better than the uncertainty if you try to get more (tribunal).

The second is more obvious, take their offer before they change their mind.

MataNui

As someone else mentioned because of your residency status a clean DBS check isnt worth the paper is printed on. For any company that actually takes the check as meaning something rather than a legal requirement you would be un-employable.

If it was due to racism then they would have told you to go away after the interview. It may very well be something to do with your or your partners residency (the example of the DBS check i mentioned above) but that is NOT the same as racism and not employing someone because they have doubts about residency is perfectly within their rights.

Unfortunately you are proving a point here that gets a lot of peoples backs up. Playing the racism card any time something doesnt go your way wont make your stay in this country a very comfortable one. Its something people see here every day and frankly are getting monumentally sick of it.

randomi15

I have been here 9.5 years so the 10 years check shows everything and what is important is result was shown to them few weeks before withdrawal and they oked it so your point is useless

Re racisim do appreciate it is there so if your are sick of it that is your choice

I am need in the market by many employers so won't struggle and in fact declined 2 offers for this job which turned out to be a ...

QuackQuackOops

randomi15 wrote: »

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

You have a 0% chance of finding a 'No win, No fee' for your case.

randomi15

Thats a problem of asking in forum which i realised now

So many random people each with different ideas and their opinion which is what you get with forums!!mostly good some annoying ones too

QuackQuackOops

randomi15 wrote: »

Thats a problem of asking in forum which i realised now

So many random people each with different ideas and their opinion which is what you get with forums!!mostly good some annoying ones too

Sure, you're annoyed. You feel you've wasted your time. You've given up other offers. It happens all the time.

But please, quit with the "Its racism" line.

You have no case. It's as simple as that.

Undervalued

randomi15 wrote: »

Thats a problem of asking in forum which i realised now

So many random people each with different ideas and their opinion which is what you get with forums!!mostly good some annoying ones too

Except that the vast majority of people here have told you largely the same thing. I appreciate it is not what you wanted to hear but that doesn't make it wrong!

To sum up (based on what you have posted here)

You probably don't have a valid claim for racial discrimination.

Even if you do it is unlikely to be cost effective to pursue.

Your chances of finding a solicitor who will take this on "no win no fee" are slim.

Even if you did there is a real risk of being out of pocket in the unlikely event you won.

If there is money "on the table" I would take it before they change their minds.

I'm out!

Caroline_a

If there are any potential redundancies within the company they would be more likely to offer to the internal candidate to save on possible redundancy costs. You have no way of knowing that this would be the case, so your case for racism which you have no way of proving will fall at the first hurdle!

Yes it's disappointing, yes you put a lot of effort it, but don't waste any more effort and move on as others have said. If you are as in demand as you say you are it will be their loss!