Fri Oct 14, 2011 11:50 am
Fri Oct 14, 2011 11:53 am
Fri Oct 14, 2011 11:58 am
CraigCCFC wrote:I feel really sorry for you m8, but you were only offered new job, you didnt sign any contract of employment.....if i ever changed jobs, i always sign contract before handing in my notice.....legally they have done nothing wrong, as you said yourself, you were offered it conditionally......morally however, they are cnuts!
Fri Oct 14, 2011 12:01 pm
Fri Oct 14, 2011 12:06 pm
Fri Oct 14, 2011 12:18 pm
eighty_8 wrote:Hey fellow bluebirds
i'll keep it short and sweet
got offered new job conditionally, had phone call, emails with start dates, induction dates, salary etc.
filled out new employee form with bank details, signed etc and sent off
spoke with new boss (who's company is owned by a larger one), he's had letters and emails with my references, uniform size, start date and my trainee management plan.
handed my notice in to current employer
2 weeks to go until i start, had phonecall telling me they have withdrawn their offer of employment
i feel physically sick, they have totally fuckin ruined me, i have lost my livelihood with my current employer as they know i want to leave, i have used most of my holidays up
I will have to grovel to keep job and feel like a c**t
they have treated me like a piece of shit
any legal help/advice will be much appreciated??
Fri Oct 14, 2011 12:26 pm
Fri Oct 14, 2011 12:34 pm
CraigCCFC wrote:Jonny, he was only offered it "CONDITIONALLY" if it was offered to him unconditionally he would have a case. Under british employment law you can be dismissed from work within 12 weeks for no reason, all a solicitor would say is if we go to court you may recieve damages based on you working there 1 day and being dismissed....ergo, no point in doing anything. I would ring the head of company and explain what they have done to you and how their unproffesionalism has affected you.
Fri Oct 14, 2011 12:40 pm
Fri Oct 14, 2011 1:16 pm
eighty_8 wrote:Hey fellow bluebirds
i'll keep it short and sweet
got offered new job conditionally, had phone call, emails with start dates, induction dates, salary etc.
filled out new employee form with bank details, signed etc and sent off
spoke with new boss (who's company is owned by a larger one), he's had letters and emails with my references, uniform size, start date and my trainee management plan.
handed my notice in to current employer
2 weeks to go until i start, had phonecall telling me they have withdrawn their offer of employment
i feel physically sick, they have totally fuckin ruined me, i have lost my livelihood with my current employer as they know i want to leave, i have used most of my holidays up
I will have to grovel to keep job and feel like a c**t
they have treated me like a piece of shit
any legal help/advice will be much appreciated??
Fri Oct 14, 2011 1:55 pm
Fri Oct 14, 2011 2:05 pm
CraigCCFC wrote:He said himself in the first paragraph of original post it was a "conditional offer"
Fri Oct 14, 2011 6:05 pm
Fri Oct 14, 2011 6:13 pm
eighty_8 wrote:Hey fellow bluebirds
i'll keep it short and sweet
got offered new job conditionally, had phone call, emails with start dates, induction dates, salary etc.
filled out new employee form with bank details, signed etc and sent off
spoke with new boss (who's company is owned by a larger one), he's had letters and emails with my references, uniform size, start date and my trainee management plan.
handed my notice in to current employer
2 weeks to go until i start, had phonecall telling me they have withdrawn their offer of employment
i feel physically sick, they have totally fuckin ruined me, i have lost my livelihood with my current employer as they know i want to leave, i have used most of my holidays up
I will have to grovel to keep job and feel like a c**t
they have treated me like a piece of shit
any legal help/advice will be much appreciated??
Fri Oct 14, 2011 6:37 pm
Johnny Rythmn wrote:CraigCCFC wrote:He said himself in the first paragraph of original post it was a "conditional offer"
Maybe when he's online next he can tell us what the conditions were.
Was it a condition that he supplied good references for example?
Verbal agreements are hard to prove but if the offer was by email then a contract has been agreed and is enforceable by law.
A contract of employment comes into being when an employee agrees to work for an employer in return for pay and if he has all that in writing he should have a case.
It's very important that he gets the withdrawal letter from the manger though.
I'll leave it now until he replies.
Fri Oct 14, 2011 6:47 pm
Tony Blue Williams wrote:Johnny Rythmn wrote:CraigCCFC wrote:He said himself in the first paragraph of original post it was a "conditional offer"
Maybe when he's online next he can tell us what the conditions were.
Was it a condition that he supplied good references for example?
Verbal agreements are hard to prove but if the offer was by email then a contract has been agreed and is enforceable by law.
A contract of employment comes into being when an employee agrees to work for an employer in return for pay and if he has all that in writing he should have a case.
It's very important that he gets the withdrawal letter from the manger though.
I'll leave it now until he replies.
eighty_8 clearly states it was a 'conditional' offer. To obtain a contract of employment he had to comply with all the criteria set out in the 'conditional' offer such as good references and health record etc
More than likely something went wrong at that stage and the contract of employment was never finalised so unfortunately the new prospective employers are in the clear and 88 doesn’t have a leg to stand on with a claim for breach of contract.
He could bring a discriminatory case against the company if he believed he was denied a contract on the grounds of race, religion, sex, sexual orientation or disability.
However, personally I believe eighty_8 is going about this arse backwards, he should go back to his present employer and withdraw his notice. Admittedly they don’t have to accept is change of mind but if he claims his resignation was done in the heat of the moment (put that in writing) and they still refuse to accept his change of heart he might just have a case for constructive dismissal against them.
Fri Oct 14, 2011 7:01 pm
Johnny Rythmn wrote:It all depends what the conditions were?
If an offer is withdrawn after it as been accepted then it's a breach of contract.
That, I suspect, is the reason the manager has phoned him instead of writing an email.
Fri Oct 14, 2011 7:22 pm
Tony Blue Williams wrote:Johnny Rythmn wrote:It all depends what the conditions were?
If an offer is withdrawn after it as been accepted then it's a breach of contract.
That, I suspect, is the reason the manager has phoned him instead of writing an email.
As the prospective employers they are quite rightly the ones setting the conditions before offering an employemt contract. It is then for them to decide whether the 'conditions' have been met before offering the actual contract of employment. It really doesn't matter what the conditons were only that they were met.
Therefore It is absolutely impossible to sue for breach of contract because until the conditions are met one doesn't exist and informing anyone that they have failed to meet the criteria by telephone instead of Email is a total irrelevance.
Sat Oct 15, 2011 5:27 am