Hostile_18
Hostile_18
OP
Looks like I may have some leg to stand on here guys, what do you think?
http://www.worksmart.org.uk/rights/can_my_employer_withdraw_a_job_offer
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027521
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027905
http://www.worksmart.org.uk/rights/can_my_employer_withdraw_a_job_offer
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027521
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027905
Last edited by a moderator:
Well, that would surely be assuming you have something in writing (which it does say about I know).
The issue is that I don't think anyboby is disputing you SHOULD/DO have rights here, but it may be easy for the employer to turn around and say 'we didn't offer him a job so that entire point is void'.
It is a verbal contract that has been formed and I suppose you need to find out the legalities of that to start with. I honestly don't see how you could prove anything if they deny offering you a job
Hostile_18
Hostile_18
OP
Well, that would surely be assuming you have something in writing (which it does say about I know).
It is a verbal contract that has been formed and I suppose you need to find out the legalities of that to start with. I honestly don't see how you could prove anything if they deny offering you a job
Well so far they haven't gone down the denying they offered me a job road but rather someone at head office saying no to a full time job I think. From the telephone conversations it would certainly be a u turn on the managers behalf if she did suddenly changed her story. Heres hoping it goes well tomorrow.
If you have a letter to prove that you had a job offer then you can hold them responsible for it.
If they told you that you got the job and told you when to start then it classifies as a verbal contract and you can hold them responsible for it.
Good luck thou and don't let them mock you about.
PS: You don't need a lawyer to take someone to an employment tribunal.
If they told you that you got the job and told you when to start then it classifies as a verbal contract and you can hold them responsible for it.
Good luck thou and don't let them mock you about.
PS: You don't need a lawyer to take someone to an employment tribunal.
Even if the new employer put the offer in writing, AFAIK you still have no comeback if they withdraw it. Remember that they can make you redundant for no reason at any time in the first two years you are there, so making you redundant before you start is hardly a stretch. My organisation did exactly this once a few years ago, and we're the government. Even if you went to an Industrial Tribunal and won: then what? They take you on even though they don't want you. What sort of work do you think they'll give you? Or they'll wait a week and downsize you.
It's rude and unpleasant of them, but it's life. Try the old job back, or look for something better.
M
It's rude and unpleasant of them, but it's life. Try the old job back, or look for something better.
M
Associate
- Joined
- 28 Dec 2009
- Posts
- 899
- Location
- Cheltenham, The Shire
Trouble is that someone else would be put into the same position as you are in now....let the vicious circle begin.
Fell for you OP, your situation sucks
Caporegime
- Joined
- 18 Sep 2009
- Posts
- 30,521
- Location
- Dormanstown.
Trouble is that someone else would be put into the same position as you are in now....let the vicious circle begin.
Fell for you OP, your situation sucks
Unless he offers to take his successors old job? Assuming successor is from his workplace of course.
Good luck, just be honest with your boss and if he's understanding enough it may go in your favour. The only issue I see is that it's so far down the line now and he's presumably already promoted the other guy which, if he goes back on it, may have repercussions for him.
nfact, never do anything in life (within reason of course) without something in writing, people will try and screw you at every opportunity.
This x1000000
I know someone who had the exact same thing happen a few years ago. He had worked in catering at the hospital for about 10 years. Not brilliant pay but a solid job. He started applying for warehouse jobs because they offered more money. He was offered and accepted a job, handed his notice in with the hospital. He received a phonecall on the weekend before he was due to start the new job saying that they had too many people to fill the jobs so there wasn't a job for him. Luckily for him, a couple of days later he received another phonecall from another job that he has applied for and got that. He was only out of work for a week or 2.
He sought some advice in the few days that he was jobless and was told that without a signed contract, he couldn't do anything.
He sought some advice in the few days that he was jobless and was told that without a signed contract, he couldn't do anything.
Permabanned
- Joined
- 10 Dec 2008
- Posts
- 4,080
- Location
- London
Contact citizens advice.
Remember a verbal offer is just as legally binding as a written offer.
It sounds like she wouldn't be prepared to lie about making the offer. Verbal contracts ARE legally binding - they just have a bad rap because so many people ARE prepared to lie about making them. So you may be able to do something. Citizens advice ..
Remember a verbal offer is just as legally binding as a written offer.
It sounds like she wouldn't be prepared to lie about making the offer. Verbal contracts ARE legally binding - they just have a bad rap because so many people ARE prepared to lie about making them. So you may be able to do something. Citizens advice ..
Caporegime
- Joined
- 13 May 2003
- Posts
- 34,593
- Location
- Warwickshire
Sorry Hostile17 but you fail hard. I CANNOT BELIEVE someone would be so stupid, especially in this environment.
Good luck grovelling with your current employers.
Only with offer plus acceptance. The OP had not accepted their verbal offer so the contract had not been formed imo.
Good luck grovelling with your current employers.
Only with offer plus acceptance. The OP had not accepted their verbal offer so the contract had not been formed imo.
I unfortunatly never signed a contract but the job offer was made without stipulation and accepted by me.
OP seems to suggest he did accept it so a verbal contract was formed.
Permabanned
- Joined
- 10 Dec 2008
- Posts
- 4,080
- Location
- London
It's one of the most misunderstood parts of UK law I reckon, but as stated, if you sit in a court room and both parties agree that a purely verbal agreement was made, it is legally binding. Even without a handshake.
Otherwise, just imagine it, you go to buy a car, you give the bloke £3500, he suddenly runs back inside his house and says 'I'm not going to sell it, verbal contract, hahaha thanks for the money sucker' and the police/courts could do NOTHING as you did voluntarily hand him the money on a (before paperwork done) verbal deal(!) It just couldn't work like that.
As said, it's the pure quantity of lying by people (and getting away with it) that gives verbal contracts the bad rep. Sounds like 'women at job place' wouldn't lie to an official court (most people actually won't I reckon .. maybe 50% wouldn't they'd be too scared/principled to).
Otherwise, just imagine it, you go to buy a car, you give the bloke £3500, he suddenly runs back inside his house and says 'I'm not going to sell it, verbal contract, hahaha thanks for the money sucker' and the police/courts could do NOTHING as you did voluntarily hand him the money on a (before paperwork done) verbal deal(!) It just couldn't work like that.
As said, it's the pure quantity of lying by people (and getting away with it) that gives verbal contracts the bad rep. Sounds like 'women at job place' wouldn't lie to an official court (most people actually won't I reckon .. maybe 50% wouldn't they'd be too scared/principled to).
Last edited: