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Fired for not having coronavirus jab

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  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, it sound as though the job offer was conditional on you having the Covid jab, so as you didn't meet the condition the offer was withdrawn. If you were unable to get the vaccine for medical reasons, and if you explained that and requested reasonable accommodations, then there is a potential discrimination issue.

    However, failing that the question would be whether you had in fact become an employee, and were dismissed, or whether the job offer was withdrawn because you did not meet the criteria.

    If it was the former, then you may be entitled to notice pay , depending on what the contract you signed says about notice periods. 


    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 September 2021 at 1:06PM
    You had an offer, you didn't comply with Government regulations around working in that area so the offer was rescinded. 
    Sorry, but your personal choice is your cost to bear. 

    You can complain to an employment tribunal but the news about certain areas of working needing to be vaccinated was published months ago, so I can't see what claim you have. 
    A tiny bit of research would have shown you needed to be vaccinated. 
  • sheramber
    sheramber Posts: 22,574 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper


    The crux of the matter is if the OP had accepted the job before he was told about the need for  vaccination. 

    If he was not told it was part of the offer and had accepted  then the employer withdrew the offer, the employer is in breach of the contract.

    If  the offer was withdrawn before he accepted then there is no contract

    https://www.acas.org.uk/if-your-job-offer-is-withdrawn#:~:text=By law an employment contract,and following the contract's terms.
  • Jeremy535897
    Jeremy535897 Posts: 10,733 Forumite
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    sheramber said:


    The crux of the matter is if the OP had accepted the job before he was told about the need for  vaccination. 

    If he was not told it was part of the offer and had accepted  then the employer withdrew the offer, the employer is in breach of the contract.

    If  the offer was withdrawn before he accepted then there is no contract

    https://www.acas.org.uk/if-your-job-offer-is-withdrawn#:~:text=By law an employment contract,and following the contract's terms.
    The problem is that employers can fire you for any reason in the first month without statutory notice, so unless there was discrimination in respect of a protected characteristic, or the contract provides for some sort of compensation as a result of the breach, it is unlikely any action would be fruitful (and could make it much harder to get employment elsewhere).
  • i got offered the job accepted it told the start date. Then i got told the jab was mandatory for the job. This is a customer service job and no jobs have you required to be jabbed. Then the day before I started I contacted them to sort out that I was starting the next day. They said we had not heard from you so withdrew the job offer as they had not heard from you. If you get offered a job and they say start on this day you dont contact them you go in on the day and start. if they have an issue they try to contact you. He said he had tried to contact me for the last couple of weeks. But never sent an email and I never received a call. I know that other people were starting on the same day so I could see if they were asked that question and if they got accepted when they said yes. I expected them to pay me for two weeks notice  because at every job I have had two weeks from the day you resign. 
  • i got offered the job accepted it told the start date. Then i got told the jab was mandatory for the job. This is a customer service job and no jobs have you required to be jabbed. Then the day before I started I contacted them to sort out that I was starting the next day. They said we had not heard from you so withdrew the job offer as they had not heard from you. If you get offered a job and they say start on this day you dont contact them you go in on the day and start. if they have an issue they try to contact you. He said he had tried to contact me for the last couple of weeks. But never sent an email and I never received a call. I know that other people were starting on the same day so I could see if they were asked that question and if they got accepted when they said yes. I expected them to pay me for two weeks notice  because at every job I have had two weeks from the day you resign. 
    Every job that says you need to be vaccinated "requires" you to be jabbed.

    If you meant legally required then you're wrong https://www.gov.uk/government/publications/vaccination-of-people-working-or-deployed-in-care-homes-operational-guidance/coronavirus-covid-19-vaccination-of-people-working-or-deployed-in-care-homes-operational-guidance#:~:text=Commission. Care homes should,care home as part of
  • .

    sheramber said:


    The crux of the matter is if the OP had accepted the job before he was told about the need for  vaccination. 

    If he was not told it was part of the offer and had accepted  then the employer withdrew the offer, the employer is in breach of the contract.

    If  the offer was withdrawn before he accepted then there is no contract

    https://www.acas.org.uk/if-your-job-offer-is-withdrawn#:~:text=By law an employment contract,and following the contract's terms.
    Yes i had accepted job before i was told about vaccine. I was given the start date in the follow up call where they then asked my clothing size and if i had had the jab. The job is not one of the government required vaccine jobs. its pure customer service you can stand there keep your distance and chat to people promoting the brand. It was for mymiltonkeynes as an ambassador. its not medical as you can tell.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    i got offered the job accepted it told the start date. Then i got told the jab was mandatory for the job. This is a customer service job and no jobs have you required to be jabbed. Then the day before I started I contacted them to sort out that I was starting the next day. They said we had not heard from you so withdrew the job offer as they had not heard from you. If you get offered a job and they say start on this day you dont contact them you go in on the day and start. if they have an issue they try to contact you. He said he had tried to contact me for the last couple of weeks. But never sent an email and I never received a call. I know that other people were starting on the same day so I could see if they were asked that question and if they got accepted when they said yes. I expected them to pay me for two weeks notice  because at every job I have had two weeks from the day you resign. 
    Did you receive a written contract signed by both sides? 
    and was it with or without the jab requirement?
    What does your written contract say about notice?

    Other jobs you've resigned from. This is different, the offer was rescinded.
    If you answer the questions asked we might be able to say yes/no.
    If you don't answer the specific questions regarding a written signed contract then you won't get a specific answer.
  • It seems you never started the job.

    They owe you nothing.
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