Unconditional Offer of Employment - Breach of Contract? Where do I stand?

[PollyNurse19]

Hi everyone,

This is my first post and I really do hope someone can help me.

In February this year I interviewed for a post of Senior Nurse within a local private sector medical business that was setting up. The interview went well and I received an email from the Director offering me the position of Senior Nurse. In the email they also stated the number of hours they would be able to offer me per week as well as stating they would also match my NHS banding for my hourly rate.
The plan was that I would carry on working part time for the NHS and initially do 5 hours per week for this new company.

During this time they have failed to send me a formal contract and have kept it solely as the email offer of employment, which I understand is an unconditional offer as it has no stipulations in it.

In the four months that have passed they are still in the process of the business passing all of its checks for it to operate in the field they specialise in. However, I have been asked to attend training sessions with the Directors and other employees in my position. I have also attended a conference in Denmark for one weekend in which I was asked to represent my new employer. Other then that they have not been able to give me the contracted 5 hours per week until the business is fully up and running.

On Thursday of last week, they wanted me to attend a meeting at their offices as a body was coming down to inspect them and they wished for me to be the Safeguarding representative for the business also. I explained to them that it would be extremely difficult to attend as I was working my shift for the NHS that day. I explained that I would do my best to attend if I finished work earlier. I later received a WhatsApp message from the director early afternoon then stating "you can go home after work. Your not needed". On finishing my shift with the NHS I went home thinking nothing of it, only to then receive a short email saying they will not be looking to hire me for poor communication and have let me go. No mention of disciplinary procedure, just thanks but no thanks four months after the job offer. All prior communication over the four months has been in a WhatsApp Group run by the Directors which is named "COMPANY STAFF GROUP". In that group they also willingly ask us for personal information such as National Insurance Numbers etc which all other members of staff can view.

The two directors are stating they are letting me go for not communicating to them that I may not be able to attend prior to the day of the meeting. Even though on the morning of the meeting I explained my situation, to which one director say to do my best and see if I can attend. To then one director stating that I should just go home.

They are now refusing to acknowledge that I was employed by them as they did not send me out a formal contract in the post. They are also saying that they are not obliged to pay me the statutory 1 weeks notice as I was not employed. The conference I was sent on apparently is unpaid and I should be grateful I got to travel abroad. However, they have said they will pay me just 2 hours worth of training.

Can anyone with knowledge of employment law please let me know if I should just accept their offer or whether I should still pursue hours owed for attending training and conference abroad or as well as notice period hours.

Thank you so much to anyone who responds.

Polly x

[ULA]

In my opinion they are wrong, you were made an offer of employment based on the terms they had given to you in the email which stated position, number of hours and salary. You then undertook training and attended a conference as a representative of the business. Other than training have you worked or been paid any salary in the intervening time?

Were they aware of your shift pattern at your NHS job and your availability for working your 5 hours? Bearing in mind they knew you were continuing to work part-time, notice on the day of a meeting to attend is not adequate notice given that you may have been working in my view.

Additionally, as the employer they are required to give you a Written Statement within two months of starting work, which details the main particulars of work, so it was their responsibility to provide this to you. Not doing so would ordinarily allow you to raise a grievance and if that did not result in one being provided then a claim could be made to an employment tribunal, where the tribunal could award compensation, which could be 2 - 4 week's pay.

I would send them a letter that requests any outstanding salary - it would be good if you can provide a list of dates and times, pro-rata holiday pay from the time you started until last Thurs and a week’s notice pay.

[PollyNurse19]

In my opinion they are wrong, you were made an offer of employment based on the terms they had given to you in the email which stated position, number of hours and salary. You then undertook training and attended a conference as a representative of the business. Other than training have you worked or been paid any salary in the intervening time?

Were they aware of your shift pattern at your NHS job and your availability for working your 5 hours? Bearing in mind they knew you were continuing to work part-time, notice on the day of a meeting to attend is not adequate notice given that you may have been working in my view.

Additionally, as the employer they are required to give you a Written Statement within two months of starting work, which details the main particulars of work, so it was their responsibility to provide this to you. Not doing so would ordinarily allow you to raise a grievance and if that did not result in one being provided then a claim could be made to an employment tribunal, where the tribunal could award compensation, which could be 2 - 4 week's pay.

I would send them a letter that requests any outstanding salary - it would be good if you can provide a list of dates and times, pro-rata holiday pay from the time you started until last Thurs and a week’s notice pay.

Firstly, thank you so much for your response, it does mean a lot to me.

They have told me in an email response to me the following information.....

"you had not yet had a contract or started your 3 months probation period, you had accepted an offer of employment which had not yet commenced. Because you are not an employee you have not been dismissed for gross misconduct but the clear reasons in my email".

They were fully aware at interview and throughout that I work for the NHS and that are rotas are given to us months in advance.

In terms of hours actually doing the job I was hired for, that still remains as none as they have still not got approval to start operating. I have attended training on their behalf and this conference abroad that they sent me on.

They have not even mentioned paying anyone for attending training at their request nor have they even taken any bank details down in the past 4 months.

When I approached them and stated they should pay me for my attendance of training, the weekend conference abroad and my statutory 1 weeks notice period they said this:

"You have two hours training outstanding from 10th May 2019 to you and that is all, which will be paid. You will not be paid for attending as a gesture of goodwill the symposium in Denmark as this was a treat that you accepted knowing full well it was an unpaid trip. As you have not been contracted or even started working I am not obliged to pay you notice".

Do I just stand down or do I stand my ground on what I am entitled to?

Many thanks

Polly x