Fired for not having coronavirus jab

68ComebackSpecial

nototentsdirect said:

.

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If  the offer was withdrawn before he accepted then there is no contract

https://www.acas.org.uk/if-your-job-offer-is-withdrawn#:~:text=By law an employment contract,and following the contract's terms.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.

Mymiltonkeynes is a business initiative within the town and one of their straplines is " helping you and your business during the pandemic" so it's hardly going to be a good look if one of their "ambassadors" is the cause for their other employees and clients to have to isolate. As a resident of MK I'm glad you're not going to be stood in the Centre MK talking to members of the public because I could be one of them.

sheramber

nototentsdirect said:

.

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If  the offer was withdrawn before he accepted then there is no contract

https://www.acas.org.uk/if-your-job-offer-is-withdrawn#:~:text=By law an employment contract,and following the contract's terms.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.

As advised in the link I gave you contact ACAS

https://www.acas.org.uk/contact

nototentsdirect

sheramber said:

nototentsdirect said:

.

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.

As advised in the link I gave you contact ACAS

https://www.acas.org.uk/contact

thank you for your help and the link i am  going to look at that

theoretica

Also, not having the jab increases the average time someone needs to quarantine if they are in proximity to someone who tests positive.  An employer appoints people because it wants them in work, not off ill or in quarantine. 

bargainbetty

nototentsdirect said:

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. 

No, if you receive a job offer you should formally accept it as a matter of basic courtesy. Also, if you are claiming any form of contractual rights, your failure to have formally accepted the role could easily be deemed to have caused no contract to be formed - you didn't accept it.

Considering they have other starters on the same day, it was reasonable of them to consider your failure to reply as a declination and offer it to another candidate (they had obviously interviewed a lot of people). 

An employer is within their rights to determine their needs for a new role. There are ongoing discussions about imposing requirements on existing staff, but new staff will have to comply with the requirements on the job as they start. 

You have no legal claim here and not a leg to stand on. 

sheramber

bargainbetty said:

nototentsdirect said:

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. 

No, if you receive a job offer you should formally accept it as a matter of basic courtesy. Also, if you are claiming any form of contractual rights, your failure to have formally accepted the role could easily be deemed to have caused no contract to be formed - you didn't accept it.

Considering they have other starters on the same day, it was reasonable of them to consider your failure to reply as a declination and offer it to another candidate (they had obviously interviewed a lot of people). 

An employer is within their rights to determine their needs for a new role. There are ongoing discussions about imposing requirements on existing staff, but new staff will have to comply with the requirements on the job as they start. 

You have no legal claim here and not a leg to stand on. 

You must have missed
i got offered the job accepted it told the start date. Then i got told the jab was mandatory for the job.

Thrugelmir

sheramber said:

bargainbetty said:

nototentsdirect said:

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. 

No, if you receive a job offer you should formally accept it as a matter of basic courtesy. Also, if you are claiming any form of contractual rights, your failure to have formally accepted the role could easily be deemed to have caused no contract to be formed - you didn't accept it.

Considering they have other starters on the same day, it was reasonable of them to consider your failure to reply as a declination and offer it to another candidate (they had obviously interviewed a lot of people). 

An employer is within their rights to determine their needs for a new role. There are ongoing discussions about imposing requirements on existing staff, but new staff will have to comply with the requirements on the job as they start. 

You have no legal claim here and not a leg to stand on. 

You must have missed
i got offered the job accepted it told the start date. Then i got told the jab was mandatory for the job.

To quote the OP.

" 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. "

MalMonroe

Here is the page you need from Acas - https://www.acas.org.uk/working-safely-coronavirus/getting-the-coronavirus-vaccine-for-work

You may well have a case for discrimination under terms of the Equality Act 2010. But Acas can advise you about that anyway. 

In fact, Acas is the place to ask this question because they are the ones who know the answer to your question definitively and they are the ones who can help if you DO decide to go to the Employment Tribunal with this. I once went to Employment Tribunal with a discrimination complaint against an employer during the application process. They settled, to my satisfaction, before the case went to court. You may well have a good case here. Whether or not my fellow forumites think it's a good idea to not be vaccinated. Acas! They are great. In my experience, anyway.

Jeremy535897

The Equality Act 2010 addresses discrimination in respect of a protected characteristic. The characteristics that are protected by the Equality Act 2010 are:

• age
• disability
• gender reassignment
• marriage or civil partnership (in employment only)
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

elsien

MalMonroe said:

Here is the page you need from Acas - https://www.acas.org.uk/working-safely-coronavirus/getting-the-coronavirus-vaccine-for-work

You may well have a case for discrimination under terms of the Equality Act 2010. But Acas can advise you about that anyway. 

In fact, Acas is the place to ask this question because they are the ones who know the answer to your question definitively and they are the ones who can help if you DO decide to go to the Employment Tribunal with this. I once went to Employment Tribunal with a discrimination complaint against an employer during the application process. They settled, to my satisfaction, before the case went to court. You may well have a good case here. Whether or not my fellow forumites think it's a good idea to not be vaccinated. Acas! They are great. In my experience, anyway.

You have mentioned discrimination under the Equality Act before, where there is absolutely no evidence of any qualifying protected characteristics.
You really need to be more careful about posting misleading information.