• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

signed contract and employer trying to renage

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • signed contract and employer trying to renage

    Hope someone can offer advice. Three weeks ago I had an interview and was offered the position which started today. I was sent the contract 2 weeks ago, introduced to the staff and had a very nice letter of welcome from one of the partners.

    However on starting this job I was surprised to find that they had taken someone else and told me that the could not decide so this was a trial week.
    am not sure what my position is now as they have told me that they feel they offered me the job too quickly !

    At this present moment I dont even feel like returning as I feel they have acted in an unethical manner.

    Any advice please !!
    Tags: None

  • #2
    Re: signed contract and employer trying to renage

    What line of company is it?

    Comment


    • #3
      Re: signed contract and employer trying to renage

      Financial services. The post advertised was secretarial and admin

      Comment


      • #4
        Re: signed contract and employer trying to renage

        http://www.legislation.gov.uk/ukpga/1996/18/section/98

        98 General.E+W+S

        (1)In determining for the purposes of this Part whether the dismissal of an employee is fair or unfair, it is for the employer to show—

        (a)the reason (or, if more than one, the principal reason) for the dismissal, and

        (b)that it is either a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

        (2)A reason falls within this subsection if it—

        (a)relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,

        (b)relates to the conduct of the employee,

        [F1(ba)is retirement of the employee,]

        (c)is that the employee was redundant, or

        (d)is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.

        [F2(2A)Subsections (1) and (2) are subject to sections 98ZA to 98ZF.]

        (3)In subsection (2)(a)—

        (a)“capability”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality, and

        (b)“qualifications”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.

        [F3(3A)In any case where the employer has fulfilled the requirements of subsection (1) by showing that the reason (or the principal reason) for the dismissal is retirement of the employee, the question whether the dismissal is fair or unfair shall be determined in accordance with section 98ZG.]

        (4)[F4In any other case where] the employer has fulfilled the requirements of subsection (1), the determination of the question whether the dismissal is fair or unfair (having regard to the reason shown by the employer)—

        (a)depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and

        (b)shall be determined in accordance with equity and the substantial merits of the case.


        (The devil is usually in this detail!)
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: signed contract and employer trying to renage

          Thank goodness for that!

          When I read that your would-be employers were a partnership, I'd wondered how a firm of lawyers could do anything like that. Now that I know they are merely bean counters, pen pushers and paper shufflers, it becomes a bit clearer.

          Your rights to notice and so on will - or should have been - set out in the contract to which you agreed. It is a fundamental principle of contract law that one party to a contract may not unilaterally vary or alter the terms of that contract without the express (or tacit) consent of the other party or parties; however, employment law in the UK has rather diluted and removed your rights in this matter and you may find that your bosses may do much as they please.

          Comment


          • #6
            Re: signed contract and employer trying to renage

            As most contracts (including mine) give a three month probationary period , naturally they only have to give a weeks notice. However I get the feeling that I am on trial at the moment and that the other person has been hired and they are just going through the motions. Feel it would have been slightly more thoughtful just to write to me a couple of weeks ago and withdraw the offer. Unfortunately I turned down another job for this position!! It seems as you say employers can do what they want.

            Comment


            • #7
              Re: signed contract and employer trying to renage

              Originally posted by maryan View Post
              As most contracts (including mine) give a three month probationary period , naturally they only have to give a weeks notice. However I get the feeling that I am on trial at the moment and that the other person has been hired and they are just going through the motions. Feel it would have been slightly more thoughtful just to write to me a couple of weeks ago and withdraw the offer. Unfortunately I turned down another job for this position!! It seems as you say employers can do what they want.
              ......unless there is a discrimination element!
              Even then, it's not easy!
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: signed contract and employer trying to renage

                Originally posted by charitynjw View Post
                ......unless there is a discrimination element!
                Even then, it's not easy!
                But it surely cannot be legal to discharge an employee merely because their skin pigmentation clashes somewhat with the colour of the office furniture.

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                Announcement

                Collapse

                Welcome to LegalBeagles


                Donate with PayPal button

                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                See more
                See less

                Court Claim ?

                Guides and Letters
                Loading...



                Search and Compare fixed fee legal services and find a solicitor near you.

                Find a Law Firm


                Working...
                X