Employment rights

dangermows

Striker
Question for the wise ol' SMB.

Mate applied for a job and got a conditional offer saying if his references were satisfactory he'd get the job. If not, they'd withdraw.

He got a notification a week later that all references were fine and someone would call soon to arrange a start date.

Said he's just had an email saying they have had to withdraw the offer due to unforseen circumstances.

He reckons as he met the conditions of the offer they are in breach of contract. I'm arguing unfortunately there was no contract to breach.

Whats the crack?
 


Question for the wise ol' SMB.

Mate applied for a job and got a conditional offer saying if his references were satisfactory he'd get the job. If not, they'd withdraw.

He got a notification a week later that all references were fine and someone would call soon to arrange a start date.

Said he's just had an email saying they have had to withdraw the offer due to unforseen circumstances.

He reckons as he met the conditions of the offer they are in breach of contract. I'm arguing unfortunately there was no contract to breach.

Whats the crack?
did he sign a contract of employment?
 
I was in the same position a couple of years ago. He's had no actual offer of employment just a "someone will call soon". He's knackered like.
 
I was in the same position a couple of years ago. He's had no actual offer of employment just a "someone will call soon". He's knackered like.

Is a conditional offer not one? Must admit I didn't know about them. Unless they are the same as provisionals that they do in the civil service?

Has no rights, if his reference is his current employer he best just get on his knees.

Think I will text that now.

Has no rights, if his reference is his current employer he best just get on his knees.

:lol: He's sent this link in response to my text

Is it ever too late to withdraw a job offer? - Personnel Today

Surprisingly, it does seem like he could have a case mind, depending on what the actual reason is for pulling the plug.
 
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Could potentially have a case, depending on exact wording of emails, as they appear to have offered him a job subject to references, and then they have agreed that references are fine. Should email and ask what the unforseen circumstances are. Anything like employing a friend, family member, discrimination against him/her on grounds of race, religion, sexuality etc., would give grounds for going to a tribunal. If your current employer was asked for a reference you could also argue that this has undermined your current employment position with potential financial implications.
 
Could potentially have a case, depending on exact wording of emails, as they appear to have offered him a job subject to references, and then they have agreed that references are fine. Should email and ask what the unforseen circumstances are. Anything like employing a friend, family member, discrimination against him/her on grounds of race, religion, sexuality etc., would give grounds for going to a tribunal. If your current employer was asked for a reference you could also argue that this has undermined your current employment position with potential financial implications.

The bits I've been reading I tend to agree, despite initially telling him he's fucked, as his email says he will get the job if references are fine, which they then later confirmed.
 
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Question for the wise ol' SMB.

Mate applied for a job and got a conditional offer saying if his references were satisfactory he'd get the job. If not, they'd withdraw.

He got a notification a week later that all references were fine and someone would call soon to arrange a start date.

Said he's just had an email saying they have had to withdraw the offer due to unforseen circumstances.

He reckons as he met the conditions of the offer they are in breach of contract. I'm arguing unfortunately there was no contract to breach.

Whats the crack?
He's probably fucked, would help if could find out what the unforeseen circumstances are.
 
Is a conditional offer not one? Must admit I didn't know about them. Unless they are the same as provisionals that they do in the civil service?



Think I will text that now.



:lol: He's sent this link in response to my text

Is it ever too late to withdraw a job offer? - Personnel Today

Surprisingly, it does seem like he could have a case mind, depending on what the actual reason is for pulling the plug.
Could be worse. The first time I move to Canada it was on the back of a job offer. When I landed the job wasn’t available anymore :evil: spent 3 weeks knocking on doors trying to get a job that would give me a visa.

That company still exists and I’ve read they’re still doing this to people

Nothing I could do either.
 
did he sign a contract of employment?

So this is the crack.

Email titled conditional offer. Which states "congratulations we are pleased to inform you you have been successful in your application and we intend to offer you the position above. This is conditional and subject to your references being satisfactory. If your references are satisfactory you will be awarded the position. If your references are not satisfactory we will withdraw this offer. Please reply ASAP stating your acceptance or refusal of this offer".

He replied he would like to accept the offer.

Then he got a follow up email stating "Your references have been checked and we can confirm they satisfy our requirements. Someone shall be in touch soon to confirm your start date".

Could be worse. The first time I move to Canada it was on the back of a job offer. When I landed the job wasn’t available anymore :evil: spent 3 weeks knocking on doors trying to get a job that would give me a visa.

That company still exists and I’ve read they’re still doing this to people

Nothing I could do either.

That's awful. And is the only scenario I could see where there's literally nothing you or they can do about it (like if funding falls through for a position).
 
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So this is the crack.

Email titled conditional offer. Which states "congratulations we are pleased to inform you you have been successful in your application and we intend to offer you the position above. This is conditional and subject to your references being satisfactory. If your references are satisfactory you will be awarded the position. If your references are not satisfactory we will withdraw this offer. Please reply ASAP stating your acceptance or refusal of this offer".

He replied he would like to accept the offer.

Then he got a follow up email stating "Your references have been checked and we can confirm they satisfy our requirements. Someone shall be in touch soon to confirm your start date".
sounds like he has something to go off tbf. i'd be asking what the reasons were for withdrawing the offer.
 
sounds like he has something to go off tbf. i'd be asking what the reasons were for withdrawing the offer.
They could just say the position isn’t available due to funding or due to a restructure. There’s nothing he can do except kick up a stink. Even then it’s still gonna be the same outcome
 

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