By EdLucas197 - 4 Mar 24 12:19 PM
I was recently offered a job that had no mention of DBS checks etc only after signing the contract of employment was then emailed 2 days later and 2 days before I was due to to start that the offer was being being retracted. I was honest on the onboarding process as im on a 10 year SHPO (which is another issue all together!)
Can anyone point me in the right direction if this is legal or not?
Cheers
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By JASB - 24 Mar 24 1:02 PM
+x+x+x+x+xI was recently offered a job that had no mention of DBS checks etc only after signing the contract of employment was then emailed 2 days later and 2 days before I was due to to start that the offer was being being retracted. I was honest on the onboarding process as im on a 10 year SHPO (which is another issue all together!) Can anyone point me in the right direction if this is legal or not? Cheers Hi Are you sure it was not an "offer" which would be subject to "checks"? If you had started work then as others have mentioned for the first 2 years you have little rights so dismissal can be far easier. Also though you have signed the contract, note my knowledge is not recent, but they could use the above but more than likely it would of just been a case that they would not expect you to "put your head above the parapet" and take them to Court. Mind you if it got embarrassing for them they would probably let you start then let you go on the grounds of complaints from other staff or something like that. I had this happened to me on numerous occasions but the hirers had the honesty to call to discuss not email. The original poster stated that the offer of employment was withdrawn 2 days prior to starting, therefore the contract of employment had not yet started. The OP was not dismissed, the offer of employment has been withdrawn. The only way this could be illegal if the offer of employment was withdrawn due to a protected characteristic as detailed in the Equality Act. For clarity, if you are dismissed you would generally be entitled to Payment in Lieu of Notice, or be placed on Garden Leave until the notice period required expires. Hi Not to start a major debate and my memory may be hazzy, I agree with your last sentance as a starting point but, if it was a breach of the terms of the Employment Contract, then a person can be dismissed without a notice period etc. Anyway for clarity my post was not saying the "firm" had done anything illegal, just a good "HR" has many ways of avioding conflict or embarrising scenarios. However as someone mentioned ACAS is the best option for an up todate clarification I'm sure. Take care It's not a debate at all, and is an important conversation to have. So, 99% of employment contracts today with have something called a PILON clause, which pretty much states that employment can be terminated with no notice in return for a Payment in Lieu of Notice. If that clause isn't in the contract, the employer can serve you with the required notice period but put you on Garden Leave until the notice period concludes. Garden leave is effectively paid suspension. The most important point in the OP's post was that he wasn't actually employed, he only had an offer of employment which comes with little rights. Whilst you are correct that ACAS can provide information on employment rights, they are unlikely to advise on a situation like this You would need to go to Citizens Advice or a solicitor. Ultimately you have little rights in terms of employment until 2 years after employment. A good, brief overview can be found here.
Hi
Im sorry if you think I am being flippant which I am not!. In fact this is a debate so that persons of interest can gain various sorts of information so they can undertake their own research, possibly more knowledgeable, when they talk to someone "legally". Isn't that the point of this forum - Support and offering experience as a starting point?
We are basically saying the same point except I with experience know that "with a job offer" there are many ways a HR dept can rescind it. If a document had been signed then again there is little if anything a person can do unless recognized discrimination can be proved. Remember in the posters scenario I believe both parties had not even signed a contractor of employment or even started work, so again there is little or no action to be taken unless discrimination can be proved.
In regard to "gardening leave and in lieu payments", your are correct in that HR may suggest this or various other means of gaining an agreement, however, as no "employment working days" had been accrued, then those options cannot be calculated as basically - as you know - within the first 2 years you would need a very strong case (legal) to persuade a firm. Remember the Contract of Employment covers "probation Period" and what is and what is not either party are liable for and under what circumstances.
As always I wish the poster sucess in whatever path he takes with this and again suggest ACAS as their first starting point.
Take care
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