emplyer reneged on job offer

[stevemLS]

Re: emplyer reneged on job offer

We have differing opinions on this one [MENTION=19071]teaboy2[/MENTION] but I guess that is part of the value of this forum.

[teaboy2]

Re: emplyer reneged on job offer

We have differing opinions on this one @teaboy2 but I guess that is part of the value of this forum.

Yeah i agree with you [MENTION=48758]stevemLS[/MENTION]. Though one good think from disagreeing on certain points occasionally is the following discussions/debates can result in sides learning things too, even if it doesn't effect the actual reasoning behind disagreeing.

[FlamingParrot]

Re: emplyer reneged on job offer

As I often say, there's more than one way to skin a cat. :thumb:

As @teaboy2 says above, it all depends on at which point was the 'contract' actually made. You'd usually get a job offer before you get an employment contract, so that would be the offer from the employer rather than the actual contract which in some cases you only sign on your first day at work. You would also have to accept the offer from the employer before they draft a full contract, so acceptance of the offer would have been at that point and not when replying to the email or sending back the contract by post.

Job offers are often conditional on references and sometimes other things such as police or credit checks. Failure of a condition can be used to revoke the offer but the employer would have to make the conditions clear, i.e you need to supply us with references and/or return the signed contract within xx days or before xx/August/2015. Like I said last night, an offer can be deemed to have lapsed if not accepted within a 'reasonable time' but in this case the offer would have been accepted prior to the contract being drafted. If the employer didn't make it a condition to get the papers signed by a certain date, they can't use a non-existent condition to revoke an offer that had been accepted.

Slightly off-topic but still related to revoked job offers is the following story, which I think I may have posted about a year or two ago.

Mr X, who was unemployed at the time, was offered a four month fixed term contract with RBS through a recruitment agency. RBS ran a credit check on Mr X and found he had a rather large, unsatisfied default on his credit file. The offer was revoked. Mr X wrote to the recruitment agency asking for Ł750 (I believe that was the sum) in 'damages'. Mr X wasn't working so there was no loss of earnings and all he wasted was his time and a few quid in travel costs but nowhere near Ł750! There were no legal grounds to ask for this sum and in any case, it wasn't the recruitment agency who revoked the offer but their client, yet, to my astonishment, the recruitment agency agreed to pay! :whoo:

After all that contract law, this is a clear example of "it was worth a try". :grin:

[teaboy2]

Re: emplyer reneged on job offer

Certainly is worth a try [MENTION=37786]FlamingParrot[/MENTION] as the OP can simply say, that he had already accepted the offer of employment when the terms negotiated where agreed and therefore a contract existed from that point onwards, which was prior to them drafting the contract which they only did after terms were agreed, therefore making the drafting and any subsequent signing nothing more than a formality, as acceptance to terms/offer had already been made. Therefore their withdrawal is, in fact, a breach of contract!

[ser5htp]

Re: emplyer reneged on job offer

Thanks for everyone replying.

For confirmation, I did go somewhere where I had no phone signal. Unfortunately, I did not let the employer know this at the time. It was just by luck that I checked my email while on vacation and found the contract sent and the offer reneged from a hotel we stayed at.

From what advice I have been able to find out, I would only be able to get 1 weeks salary in return, if the employment tribunal found it in my favour. That is assuming I was still unemployed after my 3 months' notice period was up at my current post. (Un)Fortunately, my present employer permitted me to rescind my resignation.

This experience has left a bitter taste in my mouth. I guess in this day and age, I have to have internet access all the time on my phone. It is a truly 24hr work day then. I still find it very unethical for the employer that interviewed me to rescind her offer of employment when we had agreed on a start date. Too bad there is not further accountability for them. But in the long run, I guess it is safer this way for the employer, as I may have lied on my interview (which I did not), and I had not given my references yet.

My friend said use this as a learning experience, but then I am not sure if I will get another offer/opportunity like this.

[FlamingParrot]

Re: emplyer reneged on job offer

It's good to hear your current employer allowed you to stay :clap2: even though you don't seem to be ecstatically happy about staying. :ohwell: As for the new job, it was probably for the best given your prospective employer's behaviour. After all, you did tell them you'd be away on holiday even if you didn't go into detail about not having a signal, you shouldn't have been expected to deal with the contract until you were back, you had accepted the offer in principle so the actual contract was just a formality which could have waited till you were back. That says a lot about that employer and you probably wouldn't want to work for someone like that, bearing in mind that you need to be with an employer for two years before you have any real rights. :mmph:

Imagine if you went on holiday after you started working for them and they expected you to deal with some work related stuff while you were away and you were dismissed for that reason. :scared: You could say it was unfair but you can only submit an unfair dismissal claim once you've been with them for at least two years. :mad2: :mad2: Expecting people to deal with work while on holiday was not uncommon in North America even before the internet, someone I knew in Canada got a 20 page fax at the hotel they were staying in Hawaii nearly 20 years ago!

TBH you're probably safer staying put until a more suitable opportunity comes along. :thumb:

[ser5htp]

Re: emplyer reneged on job offer

It does seem to be for the best that now I have a clearer picture of the now employer. Honestly, I was not too interested even after the interview process, but they threw so much extra at me, I decided it would be a good change. I recently found the exact same advertised for much less than they offered me.

Hopefully karma will strike them down.

[FlamingParrot]

Re: emplyer reneged on job offer

I decided it would be a good change. I recently found the exact same advertised for much less than they offered me.

Hopefully karma will strike them down.

To quote an old saying: if something looks too good to be true, it probably is! :ohwell: