Withdrawal of job offer

[NWHC]

Re: Withdrawal of job offer

Openlaw
I must have missed where they have been told by a solicitor it has no merit , I did see where his area Union rep said not to who is in most likelihood unqualified.

I have just read that the acceptance was outside the required time frame and as a layman I would think this would scupper any chances of success .

The whole point of the small claim court is surely to let individuals have access to justice at an affordable price with minimum risk

[Rammy68]

Re: Withdrawal of job offer

Firstly, in terms of the redundancy - I actually left under a settlement agreement, with the last day of my employment being the 2nd December. As I had been with the previous employer for over 8 years, they offered to keep me on for my notice period, but after discussions, it was felt it would be better if they let me go straight away. Whilst in theory there was "Payment in lieu of notice" the actual legal agreement is simply a payment of cash and my employment finished on the 2nd December.

I had already been offered the new job, and we had mutually agreed a start on the 14th December - but that was rescinded by phone on the 4th December, followed up in writing with a letter stating "Due to restructuring and redeployment of staff we no longer have a suitable opening. It is therefore with much regret that we hereby formally withdraw our offer of employment. I would like to reassure you that it was unforeseen turn of events and does not reflect on the regard in which we hold you.."

There's other stuff about keeping my name on file, apologising again and wishing me the best of luck in my search.

The only weak area is the time taken to accept - but the employer knew full well what the situation was, and I spoke to the agency on numerous occasions between the offer being sent, the offer arriving and me actually sending it back.

They can't claim to have withdrawn on the grounds of time if they knew and accepted that, and wrote to me with the actual reasons can they?

Ta.
Rammy68

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PS The union area rep's view (NOT the union solicitors view - who I haven't contacted) was that as I had the money from my previous employer, there was no actual loss - and this is the point i disagree with him on....

[matt3942]

Re: Withdrawal of job offer

[MENTION=77627]Openlaw15[/MENTION]

No, my view is not at all prejudiced; it's practical and in my opinion the best course of action for the OP.

I shall say this as professionally as possible - in my opinion your advice thus far has not been helpful.

- Matt

[matt3942]

Re: Withdrawal of job offer

[MENTION=76801]Rammy68[/MENTION]

Your former employer's decision to pay you in lieu of notice has no bearing on your claim against the new employer. The new employer made an offer, which you accepted, and it then revoked, thus breaching that contract. As such you are entitled to payment in lieu of the contractual notice period you would have received.

- Matt

[Rammy68]

Re: Withdrawal of job offer

That was my opinion - but just a bit worried as have not normally known union reps walk away from a fight they think they can win! - he didn't mention the time aspect, but that's the only loophole I think the new employer has. Hopefully will be resolved when they come back to me next week.
Thanks for sensible advice - I don't want to fight the world, but Christmas has been somewhat sullied by the fact I've been out of work!

[matt3942]

Re: Withdrawal of job offer

No problem. The Union might not want to get involved as you've now left the company, especially if the new employer doesn't recognise that particular Union.

- Matt

[NWHC]

Re: Withdrawal of job offer

Matt/Rammy

My only worry is the 10 days given to respond .
I suppose it would be a question of 10 calendar days or 10 working days. In addition does it say from date of this letter or receipt of this letter. these may only seem to be minor points but could possibly make the difference.

I have heard that there is an accepted timesacle for post, 1st being delivered on the 2nd day after posting i.e post mon del wed and 2nd class 4 days. No idea where I read it just something that is in the back of my mind

[matt3942]

Re: Withdrawal of job offer

Hi [MENTION=78313]NWHC[/MENTION]

That was my concern too, which is why my initial advice was to chalk it up to experience.

In the OP's defence, the new employer didn't cite the delayed response as the reason for withdrawing the offer.

- Matt

[Rammy68]

Re: Withdrawal of job offer

it does say 10 days from the date of the letter - as you say that could make the difference. If they had said in their subsequent letter "we are withdrawing the job offer as you've taken too long to respond", then it's a fair cop...but they knew of my intention to hold out for the redundancy, and were happy to discuss the start date, where I was to report and what was going to happen etc etc. My main point is, they knew why it was taking longer to respond, and didn't query it at the time (nor, so far, since).

Rammy68

[Openlaw15]

Re: Withdrawal of job offer

Openlaw
I must have missed where they have been told by a solicitor it has no merit , I did see where his area Union rep said not to who is in most likelihood unqualified.

I have just read that the acceptance was outside the required time frame and as a layman I would think this would scupper any chances of success .

The whole point of the small claim court is surely to let individuals have access to justice at an affordable price with minimum risk

I bowed out of the breach issue whether there was merit or not. The problem with the costs issue is that it is costs for legal reps, which makes it unaffordable for the average employee especially one who, in a hypothetical case, is on NMW. However, the employer is not impeded as far as costs are concerned. The idea of tribunal however was supposed to be a legal forum but without the formalities, strictness of law, and would ordinarily not have any costs attached, but nowadays even tribunals have the powers to demand costs. The economy is also another reason why employment issues are discouraged.

[Openlaw15]

Re: Withdrawal of job offer

No problem. The Union might not want to get involved as you've now left the company, especially if the new employer doesn't recognise that particular Union.

- Matt

Having the right to access justice is a legal/ constitutional right in modern democratic countries and employers cannot deny employees' rights to join unions or dismiss them owing to being members.

[Openlaw15]

Re: Withdrawal of job offer

@Openlaw15

No, my view is not at all prejudiced; it's practical and in my opinion the best course of action for the OP.

I shall say this as professionally as possible - in my opinion your advice thus far has not been helpful.

- Matt

Matt, I wouldn't say my advice 'thus far' has not been helpful, I would say you and I were looking at different angles and you concluded what you did. I however did not follow through with my own ideas because it just seemed right for the OP to end/ omit where I did. It does not mean there was not scope for further investigation, which is rather different.

[matt3942]

Re: Withdrawal of job offer

@Openlaw15

I respectfully disagree; advising the OP to counter-sue their Union if it doesn't take on their case - although sound in theory - was neither helpful nor practical.

Having the right to access justice is a legal/ constitutional right in modern democratic countries and employers cannot deny employees' rights to join unions or dismiss them owing to being members.

At no point did I say either employer denied the OP the right to join a union, or that the OP was dismissed as a result of union membership.

- Matt

[Openlaw15]

Re: Withdrawal of job offer

"At no point did I say either employer denied the OP the right to join a union, or that the OP was dismissed as a result of union membership."

Here's what you said: "The Union might not want to get involved as you've now left the company, especially if the new employer doesn't recognise that particular Union."

You therefore alluded the Union couldn't/ wouldn't get involved as 1) union didn't want to get involved; 2) or new employer doesn't recognise a union. i merely pointed out that the Union has a duty to its member as per the union's constitutional rules notwithstanding the relevant statute/s, and pointed out an employer cannot deny an employee the right to join a union.

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@Openlaw15

I respectfully disagree; advising the OP to counter-sue their Union if it doesn't take on their case - although sound in theory - was neither helpful nor practical.



At no point did I say either employer denied the OP the right to join a union, or that the OP was dismissed as a result of union membership.

- Matt

Did I expressly state verbatim for the OP to counter sue the union?

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@Openlaw15

I respectfully disagree; advising the OP to counter-sue their Union if it doesn't take on their case - although sound in theory - was neither helpful nor practical.



At no point did I say either employer denied the OP the right to join a union, or that the OP was dismissed as a result of union membership.

- Matt

If you want to debate points of law, this thread is the not the forum for that.

[enaid]

Re: Withdrawal of job offer

If you want to debate points of law, this thread is the not the forum for that.

Think that's about the most sensible thing said on here so far, why not start your own debate thread maybe in here http://www.legalbeagles.info/forums/...-Have-your-Say then when you have reached a right or wrong you will be able to actually help the OP.