Job at Risk : Have another internal offer : Correct procedure

[wonga78]

I have a verbal offer from another internal team and agreed an increase base salary last month.

Due to holidays etc the paperwork has not come through yet. My team has now been told it is at risk and will commence consultation.

A) Can the other team use this not to honour the verbal agreement? They say it will happen and want me to start as soon possible.

B) At what point can i come out of consultation?
C) Is it in my interest to come out of consultation?

[Johnboy007]

Re: Job at Risk : Have another internal offer : Correct procedure

Job offers: your rights

Once someone has accepted an ‘unconditional’ job offer, they’re in a legally binding contract of employment. However, a ‘conditional’ job offer can be withdrawn if the person doesn’t meet the employer’s conditions (eg satisfactory references and health record).

A job offer doesn’t have to be in writing, and nor does the acceptance - but it’s a good idea for employees to ask for and give something in writing.

Employees should wait until they get an unconditional offer before handing in their notice as a conditional offer could fall through.
If an employer withdraws their job offer

Once someone has accepted an offer they can only take action in certain situations.

It will certainly pay you to click on this link and read the information.
https://www.gov.uk/job-offers-your-rights

[wonga78]

Re: Job at Risk : Have another internal offer : Correct procedure

This is an internal position with a different team but same company - does this still apply?

[Johnboy007]

Re: Job at Risk : Have another internal offer : Correct procedure

An offer of a job is an offer of a job.
If you want more advise, give the Conciliation Company A.C.A.S a call.
They give free advice on all matters pertaining to employment.

The Acas Helpline provides clear, confidential, independent and impartial advice to both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules.

To accompany our telephone helpline service we've recently launched a new online tool - Acas Helpline Online. It's an automated system which is designed to give you a straightforward answer to your employment relations questions, and also gives you further links to advice and guidance on our website.

• Use Helpline Online to ask a question.
• You can also call an Acas helpline adviser on 0300 123 1100 (8am-8pm Monday to Friday and 9am-1pm Saturday).

:tinysmile_twink_t2:aw:

[FlamingParrot]

Re: Job at Risk : Have another internal offer : Correct procedure

Job offers: your rights

Once someone has accepted an ‘unconditional’ job offer, they’re in a legally binding contract of employment. However, a ‘conditional’ job offer can be withdrawn if the person doesn’t meet the employer’s conditions (eg satisfactory references and health record).

A job offer doesn’t have to be in writing, and nor does the acceptance - but it’s a good idea for employees to ask for and give something in writing.

Employees should wait until they get an unconditional offer before handing in their notice as a conditional offer could fall through.

This is easier said than done, in practice the final checks such as police and credit checks (where applicable), medicals, etc. are carried out during your notice period.

With references, it would be a catch 22 situation, since they'd want to start with your current employer, but you wouldn't want them approached for a reference until you have handed in your notice. :decision:

Many moons ago I had a job offer withdrawn and it was nothing to do with me, they changed their mind at the last minute and the recruiters said there were 4 of us. The company in question was Lehman Brothers, but this was 10 years before they went bust. You could never get an unconditional job offer from those guys.

[FlamingParrot]

Re: Job at Risk : Have another internal offer : Correct procedure

Job offers: your rights

Once someone has accepted an ‘unconditional’ job offer, they’re in a legally binding contract of employment. However, a ‘conditional’ job offer can be withdrawn if the person doesn’t meet the employer’s conditions (eg satisfactory references and health record).

A job offer doesn’t have to be in writing, and nor does the acceptance - but it’s a good idea for employees to ask for and give something in writing.

If there's nothing in writing, I can't see how it could be legally binding. If someone just tells you over the phone that you've got the job, you can't prove that was the case until they send you at least an email saying so. :typing:

Similarly you can tell the person on the phone that you accept the offer, but if you haven't signed anything, it wouldn't be binding.

[Johnboy007]

Re: Job at Risk : Have another internal offer : Correct procedure

If there's nothing in writing, I can't see how it could be legally binding. If someone just tells you over the phone that you've got the job, you can't prove that was the case until they send you at least an email saying so. :typing:

Similarly you can tell the person on the phone that you accept the offer, but if you haven't signed anything, it wouldn't be binding.

Well my friend, I think the problem here is that nobody trusts nobody now-a-days.
As for what I have stated as far as legislation.
It is legally binding ( if you can prove the offer existed ) either by taped conversation or a mutual agreement from whoever made the offer.
Of course legislation has a 'let out', in that an employer may change his/her mind on certain conditions having been met.
References, qualifications being just a couple.
I was merely pointing out to wonga78 the legislation as it stands.
:tinysmile_twink_t2:aw:

[FlamingParrot]

Re: Job at Risk : Have another internal offer : Correct procedure

Well my friend, I think the problem here is that nobody trusts nobody now-a-days.

In an ideal world, you should be able to trust other to keep their word, and you wouldn't need written contracts, but we don't live in an ideal world. :ohwell:

As for what I have stated as far as legislation.
It is legally binding ( if you can prove the offer existed ) either by taped conversation or a mutual agreement from whoever made the offer.
Of course legislation has a 'let out', in that an employer may change his/her mind on certain conditions having been met.
References, qualifications being just a couple.
I was merely pointing out to wonga78 the legislation as it stands.

I realise that, which is why I didn't argue the legal side, just the practical implementation.

It all depends on your circumstances, if you are unemployed/self employed/freelance or about to lose your job anyway, then it wouldn't really matter. In the OP's case, the offer is internal and it looks like his position is about to be made redundant anyway. Being internal means the usual notice period and reference matters, wouldn't be an issue.

[FlamingParrot]

Re: Job at Risk : Have another internal offer : Correct procedure

It is legally binding ( if you can prove the offer existed ) either by taped conversation

I'm not sure what the legal position would be if a conversation was recorded without alerting the other party, I believe they'd have to be alerted at the start of the conversation, that the call is being recorded. hone:

or a mutual agreement from whoever made the offer.
Of course legislation has a 'let out', in that an employer may change his/her mind on certain conditions having been met.
References, qualifications being just a couple.
I was merely pointing out to wonga78 the legislation as it stands.

References these days are largely confined to confirming dates, to the point that some employers are more interested in a detailed, month-by-month history of your last 5 years than in your ability to do the job. As an example, I once was working as a temp for Bank A. Mrs C who was my boss resigned and went to work for Bank B, I stayed a further 6 months at Bank A. When the project I was working on ended, Mrs C hired me to work on a project for her new employer Bank B, where I was going to work from home most of the time and invoice as a ltd. co. Despite all this, Bank B HR wanted to get references for me, and they wouldn't accept Mrs C's reference for the last 21/2 years even when she had been my line manager for 2 years, they insisted in references being provided by the agency I was working through, even though all they ever did was pay me. They also wanted to know what I was doing back in 2004/05 when I'd spent a year abroad, to the point of asking for passport stamps as evidence. :scared: That was a problem since passports are not stamped within the EU. I had to provide them with bank statements and a short lease tenancy agreement (in a foreign language), and they still asked me to sign an statement of truth! None of this had anything to do with whether I could do the job or not but was an 'essential' part of the referencing process. Only in the Financial $ector, eh? :wof:

Speaking of the $ector, failed credit checks are a very common cause of withdrawn job offers, even when the job itself has nothing to do with finance, i.e. it may be a job in marketing, IT, HR, etc. they still demand a clean credit record. :mad2: :mad2: :mad2: Even when their own credit record may not be that clean, such as RBS, who are noted for being amongst the stricter when it comes to credit checks.

[Johnboy007]

Re: Job at Risk : Have another internal offer : Correct procedure

[QUOTE=FlamingParrot;452979

Speaking of the $ector, failed credit checks are a very common cause of withdrawn job offers, even when the job itself has nothing to do with finance, i.e. it may be a job in marketing, IT, HR, etc. they still demand a clean credit record. :mad2: :mad2: :mad2: Even when their own credit record may not be that clean, such as RBS, who are noted for being amongst the stricter when it comes to credit checks. [/QUOTE]

The problem here is, if you don't check your own credit record, you may very well find that maybe an old 'black mark' is still there for all to see.....aw:

[wonga78]

Re: Job at Risk : Have another internal offer : Correct procedure

Thanks everyone for their input - here's an update.

I managed to get a email from the recruiting manager confirming my salary proposal to HR though no paperwork has come through. I have transferred to the new team.

I am still attending all the consultation meetings.

The company expects me to address items relating to my old role even though the role is deemed redundant in the proposed organisation chart.
- They say they cannot pass my duties on as the proposed org chart is only a proposal?
- They say they cannot hire anyone into the new proposed roles within the proposed org chart as it is only a proposal?

Does anyone see any legal items that i should be aware of?

Thanks