Job offer withdrawn - what now

ScorpiondeRooftrouser

jobbingmusician wrote: »

Hmm, not so sure here. She had signed it. Had they? Sounds to me as if they could easily have backed out and left her with nothing.

I have never been sent a copy of an employment contract that wasn't signed by the employer. That's the whole point - it gives you the security to resign from your current job. If they sent it to you unsigned, it would be worthless.

jobbingmusician

Well, I have. And the employer could so easily say 'it was just a draft for comment' or similar!

I agree that if it is signed, the employer is not being especially conscientious in paying the week's notice - it would presumably be easy to retrieve the money through small claims.

Undervalued

ScorpiondeRooftrouser wrote: »

I have never been sent a copy of an employment contract that wasn't signed by the employer. That's the whole point - it gives you the security to resign from your current job. If they sent it to you unsigned, it would be worthless.

Nonsense.

There is no requirement for a contract of employment (or most other contracts come to that) to be signed in order to be valid. OK, it can make it easier in the event of a dispute to prove that a contract had been formed but it is certainly not a hard and fast requirement.

Making an unconditional job offer and accepting it forms a contract on whatever terms have been agreed which, again do not have to be in writing or signed to be valid.

As this case has demonstrated, in the vast majority of cases a so called "unconditional" offer is worth very little as the employment can be terminated for no reason at all during the first two years. Unless there is a contractual requirement for notice the employer doesn't even need to give any during the first month and then only one week for the remainder of the first two years.

It is possible to agree special terms to protect agains this but that only normally happens with high level jobs and / or head hunted situations.

ScorpiondeRooftrouser

Undervalued wrote: »

Nonsense.

There is no requirement for a contract of employment (or most other contracts come to that) to be signed in order to be valid. OK, it can make it easier in the event of a dispute to prove that a contract had been formed but it is certainly not a hard and fast requirement.

Making an unconditional job offer and accepting it forms a contract on whatever terms have been agreed which, again do not have to be in writing or signed to be valid.

As this case has demonstrated, in the vast majority of cases a so called "unconditional" offer is worth very little as the employment can be terminated for no reason at all during the first two years. Unless there is a contractual requirement for notice the employer doesn't even need to give any during the first month and then only one week for the remainder of the first two years.

It is possible to agree special terms to protect agains this but that only normally happens with high level jobs and / or head hunted situations.

It's not nonsense at all. I have never been sent one unsigned.

When I see the contract, this is normally the first time that terms such as the notice period have been raised or discussed at all, let alone agreed. So before that point there are no agreed terms to be valid or invalid.

If your point is that receiving and signing an unsigned contract can still have validity then you may well be right. As I have never been sent an unsigned one I've never had to find this out.

Undervalued

ScorpiondeRooftrouser wrote: »

It's not nonsense at all. I have never been sent one unsigned.

When I see the contract, this is normally the first time that terms such as the notice period have been raised or discussed at all, let alone agreed. So before that point there are no agreed terms to be valid or invalid.

If your point is that receiving and signing an unsigned contract can still have validity then you may well be right. As I have never been sent an unsigned one I've never had to find this out.

You said.....

If they sent it to you unsigned, it would be worthless.

which is not correct.

Choosiesusie

The contract was signed. Notice period in first four weeks was one week and four weeks by either party after that.
Thank you all for your comments, we sent a letter to their CEO and HR director and our MP. I wouldn't want her to work there now if they offered but sending the letter made me feel better. I can understand the contract being withdrawn if your references were bad but it should not be so easy just because they changed their mind. My daughter has now lost the job she has had for over 3 years, a steady income, it all seems so unfair.

ohreally

Choosiesusie wrote: »

My daughter has now lost the job she has had for over 3 years, a steady income, it all seems so unfair.

Can she speak with ex employer re old position?

Choosiesusie

Ex employer has recruited to cover her hours due to a Christmas job fair, they do not have the budget to keep her, they said they would have her back with open arms if they could. They obviously have scruples, I would not want them to take away a job they had offered someone else. I don't blame her previous employer although I was a bit nieve and honestly thought you were able to retract your notice if you wished, this I now know is not the case.