JOB OFFER

[tinatulip78]

I recently had a job offer based on my references. Today I was told that I did not meet the criteria for their compliance process and so unable to offer me the position. A former employer of mine stated that I had been dismissed when in actual fact I resigned( and have the letter at hand from my former employer accepting my resignation) and also mentioning that I was under investigation with the SSSC through a complaint made against me by my former employer. I immediately contacted the SSSC which has now provided me with written proof that I am not under any investigation and that they are not holding any information from my previous employer that would affect my future registration. My PVG was completely clear too.


I have since submitted the evidence to the company who originally gave me a job offer, as yet I have not heard back. I would like to know if the company are obliged to retract my job offer considering I have submitted all the evidence to them which clearly shows that my former employer was not telling the truth. I have waited almost 8 weeks since I went for the initial interview, and 4 weeks since they offered me the position, having had to wait for checks to be carried out. In the meantime, I declined another job offer, as I had accepted this one. Can I legally take matters further?

[leclerc]

Re: JOB OFFER

I recently had a job offer based on my references. Today I was told that I did not meet the criteria for their compliance process and so unable to offer me the position. A former employer of mine stated that I had been dismissed when in actual fact I resigned( and have the letter at hand from my former employer accepting my resignation) and also mentioning that I was under investigation with the SSSC through a complaint made against me by my former employer. I immediately contacted the SSSC which has now provided me with written proof that I am not under any investigation and that they are not holding any information from my previous employer that would affect my future registration. My PVG was completely clear too.


I have since submitted the evidence to the company who originally gave me a job offer, as yet I have not heard back. I would like to know if the company are obliged to retract my job offer considering I have submitted all the evidence to them which clearly shows that my former employer was not telling the truth. I have waited almost 8 weeks since I went for the initial interview, and 4 weeks since they offered me the position, having had to wait for checks to be carried out. In the meantime, I declined another job offer, as I had accepted this one. Can I legally take matters further?

If the previous employer has knowingly lied to a prospective new employer then I think you do have a case.

Is this a Scottish Law case?(it will help to know which legal jurisdiction that it is in)

[tinatulip78]

Re: JOB OFFER

Hi,

I appreciate your quick response, Thank You very much.

I have recently moved to Scotland, as I am originally from England, so I am not quite sure if this is a Scottish Law case or not. In terms of the prospective new employer, am I in a position to take action against them? What grounds did they have in not retracting my job offer, considering I have submitted all evidence that proves my negative reference was untrue.

[leclerc]

Re: JOB OFFER

will ask Openlaw to have a look and possibly mystery1 [MENTION=77627]Openlaw15[/MENTION] and [MENTION=5354]mystery1[/MENTION]

Is the previous employer based in Scotland?

[tinatulip78]

Re: JOB OFFER

Yes, it is all based in Scotland

[mystery1]

Re: JOB OFFER

The new employer has no duty to you really, as far as i'm concerned.

The old employer may have if you can prove malice, when they will undoubtedly claim an admin error. Tough road if you wish to take it on and it may hinder future employment prospects if you become known as trouble. Sometimes life sucks.

That's my opinion.

M1

[tinatulip78]

Re: JOB OFFER

Thank you ever so much for that important piece of information. I will certainly bear that all in mind. It is just soul destroying, I was completely honest with my prospective employer because in my mind I had nothing to hide. And all out of pure vengeance an individual does this to someone, when they themselves are the corrupted ones( and for the sole reason I left employment, out of principles)

I am guessing you are in the law sector. You have been extremely helpful, thanks again :-)

[teaboy2]

Re: JOB OFFER

You would have a possible claim for libel against the old employer - Evidence of loss is the job offer that was retracted and the passing up of the other job offer that you declined prior to the first job offer being redacted.

Though you have no claim against the employer whom retracted there offer since no contracted was formed.

You should contract previously employer give details as to what happened and ask him how this happened and what they intend to do to remedy the situation to compensate you for your potential loss of earnings, whilst advising them what they did amounts to both libel and sharing of inaccrate data the amounts to a breach of the data protection act 1998, advising you will be considering you legal options if their offer to rectify the situation and compensate you for your loss (6-12 months salary offered by the retracted job offer)! Though you may wish to speak to a solicitor to first.

[AR1]

Re: JOB OFFER

First of all, you need to make sure that your former employer had an involvement in cancelling your job offer. As you mentioned that you've provided them with all the documents and all these documents prove that there is no such thing, than why would your former employee would make such a claim. That's really annoying.

To me, it seems like that the current company has found another employee for the same job and that's why they are making such excuses. I would suggest you to try some where else, and get out of this mess as quickly as possible.

[Openlaw15]

Re: JOB OFFER

I recently had a job offer based on my references. Today I was told that I did not meet the criteria for their compliance process and so unable to offer me the position. A former employer of mine stated that I had been dismissed when in actual fact I resigned( and have the letter at hand from my former employer accepting my resignation) and also mentioning that I was under investigation with the SSSC through a complaint made against me by my former employer. I immediately contacted the SSSC which has now provided me with written proof that I am not under any investigation and that they are not holding any information from my previous employer that would affect my future registration. My PVG was completely clear too.


I have since submitted the evidence to the company who originally gave me a job offer, as yet I have not heard back. I would like to know if the company are obliged to retract my job offer considering I have submitted all the evidence to them which clearly shows that my former employer was not telling the truth. I have waited almost 8 weeks since I went for the initial interview, and 4 weeks since they offered me the position, having had to wait for checks to be carried out. In the meantime, I declined another job offer, as I had accepted this one. Can I legally take matters further?

There are two legal areas (jurisdictions) Scotland currently and England previously. In terms of Scotland, an employer must not act unreasonably whether in English or Scottish law. Ordinarily, acceptance of an offer in terms of employment means a binding a contract for the employer. However the fact that an employer acts on information which prejudices your job offer is something different. There could be a case against the Scottish employer as it does not seem reasonable to allow any unfounded (as you proved) allegations against you. I would make contact with the Scottish equivalent tribunals. What was the job, who was the employer, as more is expected from a reasonable larger employer than a smaller employer with less resources. My question is should the reasonable employer have acted on the prejudices of a former employer, was the Scottish employer said to have acted reasonably in all the circumstances, is the central question that perhaps needs to be asked.

English jurisdiction

I agree with Teaboy2 in terms of this English jurisdiction Employer un-necessarily prejudicing your opportunities, which really is nothing short of defamation of your personal character, which effect on you is loss of opportunity mainly, difficulties in retaining Employment in another country of the UK as you were reliant on the English employer to provide you with at least a fair reference. In any event, an employer is not permitted to give you bad reference for obvious reasons. What other facts do you have, ie the job type?

[wales01man]

Re: JOB OFFER

Is there some proof that the previous Employer gave a false reference or the wrong info

[leclerc]

Re: JOB OFFER

Is there some proof that the previous Employer gave a false reference or the wrong info

post 1 states both. Says former employer stated dismissed when they resigned, then stated SSSC investigation which is wrong. Wales, my thoughts are whether they dared to do this in writing or verbally. One might be a mistake but the other is actionable without doubt.