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HELP - Job offer rescinded

I'd be really grateful if anybody could provide me with some information about my legal rights over this issue.

In October I was interviewed and offered a job at the local Council. Because I have been off work since April 2007 (initially off sick) then on JSA, I have been itching to start work again.

I received a formal written letter in October offering me the job, but with the start date missing as it was dependent upon references and medical clearance. This paperwork has gradually come through (why are these things so slow???!) and I have been waiting to hear a start date.

I have just received a phone call telling me that, due to a restructuring of the Council, the job no longer exists. Basically I have been offered a job which no longer exists.

Perhaps naively I had stopped my job hunting once I got the written offer letter and now find myself in a position where, two weeks before Christmas I find I have nothing.

I want to fight this as it is no fault of mine. My references and medical clearance have all been OK. I was open and honest about having been off sick.

The fact that they have rescinded the job offer is not down to anything I have or haven't done, yet I am expected to just accept the fact that some Councillors have decided the job needn't exist.

As you will no doubt imagine I am absolutely furious. I want to fight this decision and try, at the very least, to get some compensation for their actions/ inactions.

Any advice out there please????

Thanks
Richard

PS Merry Christmas
«1

Comments

  • I'm so gutted for you! Really p****d me off reading that! I don't think I can offer you any help on how to resolve your situation. I guess all I can do right now is offer you support.

    I hope you do get something sorted from this awful mess you are in!
  • You have virtually no legal redress I'm afraid. Move on and keep looking.

    Good luck!
    I am an employment solicitor. However, my views should not be taken to be legal advice. It's difficult to give correct opinion based on the information given by posters.
  • rasp1
    rasp1 Posts: 14 Forumite
    I have just found out that the job I was offered is now being advertised again!!!! Given the comments on here and advice from ACAS, I didn't write a letter of complaint as I thought there was no point.

    Obviously I feel somewhat aggrieved now that the position is being advertised again. I have still got the written job offer and the later letter stating that the job was cut solely for budget reasons. Am I naive in thinking that they should be contacting me with a start date, rather than them going through formal recruitment again? The job description is exactly the same. It's the job I was interviewed for and offered. :confused:

    Is it worth looking into the legalities of this?

    Thanks
    R.
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Times have changed.

    Contact them again.

    Remind them of the offer.

    It's a long time since October - they may think that a good candidate like you has found other work. Have you?

    More point in contacting the Council and seeing about getting the job than asking us about legalities.
  • rasp1 wrote: »
    I have just found out that the job I was offered is now being advertised again!!!! Given the comments on here and advice from ACAS, I didn't write a letter of complaint as I thought there was no point.

    Obviously I feel somewhat aggrieved now that the position is being advertised again. I have still got the written job offer and the later letter stating that the job was cut solely for budget reasons. Am I naive in thinking that they should be contacting me with a start date, rather than them going through formal recruitment again? The job description is exactly the same. It's the job I was interviewed for and offered. :confused:

    Is it worth looking into the legalities of this?

    Thanks
    R.

    Hiya,

    similar happened to me ( only diff it was a private company) my employment solicitor successfully claimed for breach of contract ... 3 letters then they setlled out of court for a figure that was circa £5 K (I was only out of work for 2 additional weeks, as I had quit my old job and quickly found a replacement job after the first was pulled) he claimed for loss of earnings 2 weeks, car allowance for that time, ongoing loss (the new job pays slightly less then the one that was pulled) and costs incurred in finding a replaement job .... they made me an offer and I accepted without going to court.

    But he did say it would not work to use employment law as I hadn't started instead it was a staright breach of contract

    I think you need to call a solicitor and show him the letters etc... and see what he says

    xx
  • withabix
    withabix Posts: 9,508 Forumite
    They will be advertising the post again as it will probably start in the new financial year.

    New year, new budget.

    Councils are like that. Short term views. No logic.
    British Ex-pat in British Columbia!
  • rasp1
    rasp1 Posts: 14 Forumite
    I have been offered another job and am due to start in a fortnight (fingers crossed!!!!) so I'm not desperate to get the council job. It's the legal point Catlover makes about contracts that interests me more.
  • CFC
    CFC Posts: 3,119 Forumite
    Catlover's contract probably had special conditions or benefits in it, as under the most common contracts if they took you on and dismissed you in the first month they would only need to give you one day's notice; therefore the potential loss for breach of contract would almost certainly have been quite limited and not 5k.
  • Andy_L
    Andy_L Posts: 13,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Looks like Catlover actually quit an existing job to accept the new offer so was ina slightly different situation
  • CFC wrote: »
    Catlover's contract probably had special conditions or benefits in it, as under the most common contracts if they took you on and dismissed you in the first month they would only need to give you one day's notice; therefore the potential loss for breach of contract would almost certainly have been quite limited and not 5k.

    5K was only for expenses in finding a replacement job, car allowance, 2 weeks pay and ongoing losses as the new job pays slightly less as those were the losses plus a little extra ... obviously the loss claimed as a result of breach of contract is comisserate the actual loss suffered and would very much be affected your level of salary

    xx
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