Employment contract. Advice sought.

Ben6899

Okay, I am going to contact DWP or CAB in good time, but as I am sat here browsing the forums after a ride, I thought I would put this out there.

I was offered a job on Friday 19th August. Went into the offices for a chat, said I was happy to take on the role and duly gave them my bank details, NI number etc and filled out one of their application forms to satisfy the HR paper chase.

I then went away from home (London, LA, Vegas) returning yesterday. 21st August - 7th September.

22nd August: mum checks my post for me and there on the doormat is my contract, stating working hours, salary, start date, benefits, holidays, sick pay etc everything.

2nd August: mum checks my post and there on the doormat is a further letter from my prospective employers saying that my appointment can no longer go ahead due to a change in circumstances and that an internal resourcing solution is being pursued.

I'm gutted. I've been unemployed since November 2010 and have applied for ~100 jobs with no luck. I thought this was my way back into civilisation.

Does anyone on here have the appropriate knowledge to tell me whether I have any grounds for recourse? Do you handle this kind of thing for a living? Has it happened to you?

I am certain they cannot do this and I want to write them a letter telling them so. FWIW, I don't mind burning my bridges with this organisation; the job wasn't in my field, but merely something to put me on until something better comes along.

Thanks for any advice or anecdotes. I will of course update this thread once I have spoken to DWP, CAB.

MattC59

Sorry to hear that Ben, that's pretty sh*t of them !!!

I don't think you're going to have much luck though. I don't know the detail about rescinding a job offer, but even if they were to give you the job, they have every right to get rid of you with in the probation period, usually six months, with out notice.

It's extremely unprofessional of them, but I don't think it's against employment law. If they're that unprofessional, I don't think I'd want to work for them anyway !

Write to them and give them some sh*t though !!!

Good luck in your search !!

Redhog14

Sorry to say I doubt you'll get far with this. Employers and Employee have the right to walk away from contracts within the first 3 months with no strings attached. On the basis that you did not start the job, nor it sounds like even get to return the contract there may be little you can do. I would however chase them for some form of comp, even if it is 1 months gross salary you have nothing to lose and many a company will not fight claims below certain thresholds go to the top don't deal with the flunky and write to the Managing Director ro Chairman of the Board.. Good luck. I am not an HR practitioner but I have someone who is, I'll get back to you tomorrow - PM me if you dont hear back.

Ben6899

Thanks chaps. And Redhog, I appreciate the extra bit of effort. Nice one!

evil_breakfast

As a DWP employee, just thought i'd chip in.

I would however chase them for some form of comp, even if it is 1 months gross salary you have nothing to lose and many a company will not fight claims below certain thresholds go to the top don't deal with the flunky and write to the Managing Director ro Chairman of the Board..

I doubt that would come to anything. The companies stance would be along the lines of "We did not receive your signed acceptance of the contract, agreeing to the terms and conditions" so they would likely adhere to the legalities of the matter, rather having a sense of goodwill leading to an ex gratia payment.
Worth a shot (nothing ventured.....) but just be prepared for a "knock back"

The DWP don't really like to get involved in matters like this, but each CAB have staff skilled, experienced and versed in the legalities of employment law and employment grievances.

Were you claiming benefits? If not, do so. And if you were, you should be able to make a rapid reclaim to fast track the reactivation of the previous claim (if no changes to your circumstances)
you can do this by phone 0800-0556688 or via www.direct.gov.uk

Ben6899

evil_breakfast wrote:

As a DWP employee, just thought i'd chip in...

Thanks.

I was claiming benefits, but I had to sign off when I had the nerve to leave the country. Anyway, that's another thread...

The contract I have here doesn't have anything for me to return. I accepted the position verbally on 19th August. The paperwork I have here merely outlines the T&Cs of my employment such as pay, benefits, leave, hours.

I'll contact the CAB tomorrow.

Redhog14

No forgotten Ben, just my HR person not had a chance to look it up yet. Interesting that i read your post again and it looks as though the agreement to take you on was done at the offices before you went away, I think this may be the crucial point in your case. Will get back to you if anything meaningful comes out.

Redhog14

http://www.direct.gov.uk/en/Employment/ ... G_10027905

have a look at this.
Crucially your acceptance of the job constitutes the start of the employment, at the very least they are then obliged to follow due process and notify you of termination (which they did) but by rights they should pay you your notice period as per the T&C's. If the shoe was on the other foot they could force you to work a notice period had you in the interim accepted another job offer.

Good luck and I hope this was of help. Not all HR people are barstewards.

Ben6899

Redhog14

Thanks mate, I really appreciate the effort you have gone to here. As it happens, I have just been offered another job so I might let this drop and get on with my life and celebrating this evening.

MountainMonster

The problem is word of mouth normally is not accepted as acceptable evidence in cases like this. Since you never signed anything, i'd be surprised anything can happen to tem.

Pretty crappy situation though, terrible to hear about things like this, but they the world still goes round. Good luck on the search, it's fargin hard.

Redhog14

Good for you, don't let the bastards grind you down! Enjoy your evening.

fossyant

On the bright side - you got to the finishing post !

mouth

TBH its better than getting 3 months down the line and the letting you go 'because you aren't suitable' or something.

I'd be surprised to see any comp from this case.

Kerguelen

Ben6899 wrote:

Redhog14

Thanks mate, I really appreciate the effort you have gone to here. As it happens, I have just been offered another job so I might let this drop and get on with my life and celebrating this evening.

Congrats on the new job offer Ben; this time don't leave the country until after you have a signed contract with them !

Gazzaputt

I had the same happen a couple of years ago.

I threatened legal action and got a months salary.

Contact them stating you intend to start legal proceedings.

Cycling Solicitor

Hi Ben, I'm an employment lawyer. In legal terms the critical issue is whether you accepted the offer. If you didn't, you can't do anything. If you did, the withdrawal of the offer without notice or pay in lieu is a breach of contract. In this event you would be entitled to compensation for the breach.

If there was an agreed notice period compensation would be salary for that period. In the absence of an agreed notice period compensation will be the statutory minimum which is one week's pay. Alternatively if you can show that under all the circumstances of the role one week is unreasonable, you may claim pay for a reasonable notice period which might be a month or more.

Depending on the sums involved you might make a claim using the small claims track in your local county court. The procedure is quite straightforward as it's designed to help people pursue their own claims without involving lawyers. The court used to publish a very helpful guide to the process but I don't know if it's still available.

Don't follow the advice to get mean with company. Climbing down into the gutter with them is playing their game. Rise above it and retain your dignity; you'll feel better for it in the long run and it'll help you bounce back from this awful setback. Good luck.

peter101cycle

Really unprofessional behaviour from the company concerned but as others have said, you don't have a leg to stand on unless you signed and returned the contract.

Good luck with the new job!

Ben6899

Thanks for the brilliant advice, Cycling Solicitor. I have a spare day tomorrow, so I feel a very politely worded letter coming on.

Can I say I have sought advice from an Employment Lawyer?

Cheers!

Cycling Solicitor

Yes.

Monty Zoncolan

Just a comment on that - if there is no contractual provision for notice then you wouldn't be entitled to any notice, as you won't have been employed for a month or more - have a quick look at section 86 of the Employment Rights Act 1996.

Cycling Solicitor

Fair point Monty but remember that it's an implied term of every employment contract that reasonable notice of termination will be given.[/b]

t4tomo

I'd bet the company is planning of having to pay out at least a months pay, but seeing if that get away with it.

start of with decent letter to the MD that contains a hint that you intend to take it further but looking for an amicable solution.

if their T&C's sent to you were signed, you not having signed and returned it does not matter at jot IMHO.

Monty Zoncolan

Cycling Solicitor wrote:

Fair point Monty but remember that it's an implied term of every employment contract that reasonable notice of termination will be given.[/b]

Only by the employee, not the employer.

GiantMike

Completely off the wall, but there was an article on Radio 4 about companies that are set up to offer you a job and get your details, and then set up loads of mobile phone contracts etc with your details and keep the phones. Some of these companies advertised on the Job Centre website which is unmonitored and anybody can post jobs on there. Is this a well-known company?

Just a thought as it rang alarm bells as soon as I read the first post about getting all your personal details.

-spider-

Monty Zoncolan wrote:

Cycling Solicitor wrote:

Fair point Monty but remember that it's an implied term of every employment contract that reasonable notice of termination will be given.[/b]

Only by the employee, not the employer.

Wrong, Monty. The employer can be held liable.

Monty Zoncolan

Well we do seem to have slightly drifted off the point of the original post, but assuming that's now been dealt with, spider, care to give me authority for me being wrong?

I said that an employee with less than a month's service is not entitled to any statutory notice.

Further, they're not enititled to 'reasonable' notice either. That applies in the other direction - from employee to employer.

That's courtesy of the Employment Rights Act, section 86.

Over to you.

-spider-

Hi Monty

If the complainant wishes to stay within Employment Law then you may be correct (but possibly not if unlawful discrimination was involved). However, there are other ways to submit a claim - e.g. for suffering a loss (if an employee resigned from a job because of a firm job offer, etc). Of course, the individual would be well advised to do his best to mitigate that loss for example by asking his current employer to allow him to stay on, but if a loss was suffered then a claim may be possible.

Just trying to help.

dilemna

After you have got some comp sorted out .......... why not pose as a potentially new customer wanting their product or services, then play hard to get, run them ragged so they rack up lots of time and money pursuing you you then just disappear ............. or say you prefer a competitor's product/service?

Incidentally how about bringing an action in your local small claims court for 1 month's salary? Costs aren't recoverable so they will more than like pay up if they are a genuine solvent company as it will cost far more for them to defend which they will have to pay themselves plus your comp. Just a thought.