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Rescinded job offer - is this legal?

(12 Posts)
canuckmum Tue 26-May-15 16:53:17

I recently accepted a job offer as an Exec PA and was really excited going back to working full time. It made me so happy, I figured out childcare with my husband/family to make it work and for the first time in years felt excited to be working for a progressive company. They asked for details such as holidays i have booked and asked "what do you need from us to make it work" etc. I sent the details they requested and made it clear these were just initial thoughts - i hoped to work part time in August as childcare was a bit of an issue - but if proved an issue I would work full time - i just needed to know so i could make arrangements.

My boss said after thinking about it over the weekend he wants to rescind the offer. He has given me no chance to discuss or reason, he just seems to think it would be a hassle. Given he is in his mid thirties with no wife or children perhaps I should have anticipated this reaction but i am devastated.

The offer was verbal and i do not have it in writing but is this legal? It certainly isnt fair. Any advice?

Radiatorvalves Tue 26-May-15 17:09:52

He is in breach of contract. You should be entitled to your notice for starters. If this is discriminatory, potentially you could go to the ET... Am sure someone with more knowledge will be along soon.

Good luck.

Quitelikely Tue 26-May-15 17:15:00

Why would they ask you what you need from them? Seems strange and I don't think you were in a position to ask for anything!

Sorry if that sounds rude.

Contact ACAS. Google them. They can tell you instantly if you have any rights......

Shakey1500 Tue 26-May-15 17:22:55

I'm no expert but I wouldn't think you'd have much to go on if there's no written offer/terms? It sucks but I think,sadly, it would be lots of hassle to persue it. Time better spent perhaps looking for an employer who isn't unscrupulous.

badow Tue 26-May-15 17:24:40

Personally I wouldn't have brought my childcare arrangements up at all but if I was in the position you're in now I would give him a call to explain how childcare will not be an issue, that you and your DH will share any sick days and how having children have made you good at multi tasking etc.

gatlinout Tue 26-May-15 17:31:04

Hmm. I wouldn't have responded the way you did to "what do you need from us to make it work?"

That seems an odd question in any case to me, but I'd probably be looking for them to give me details - hours, is there any travel involved/mileage rates etc.

I've never heard of asking to go part time for a month to cover childcare, even in an established role so I wouldn't have been asking a brand new employer.

Sounds like we need more detail, though, is your request usual in that sector? Did they offer you part time hours?

Diamond23 Tue 26-May-15 17:34:44

You can take him to tribunal for the notice pay- it doesn't have to be in writing. But that's not much and there is no way to get the job.

I'm sure you've realised by now but don't talk about things like that until you're well established

prh47bridge Tue 26-May-15 18:59:20

You can take him to tribunal for the notice pay

What notice pay? Until you have worked for an employer for 1 month you have no entitlement to statutory notice. And as there was no offer in writing there is no contractual notice either.

The only grounds for a claim I can see would be if the OP wanted to claim that offer was withdrawn for a discriminatory reason.

canuckmum Wed 27-May-15 09:13:46

Thanks for this. All very helpful.

Diamond23 Wed 27-May-15 16:40:13

Pfh47 the penalty for rescinding a job offer is paying the notice period- I have won at tribunal and been awarded this. Judge said very straight forward didn't know why the company bothered defending it.

Although there is no written offer I had assumed the "back and forth" about the arrangements / part time work were by email so this would make it clear an offer had been made (verbal is fine, the problem is with proving it happened)

Athenaviolet Wed 27-May-15 16:43:39

If it wasn't for the Tories bringing in a £500 tribunal fee I'd say you should pursue them for discrimination but that door's been closed now sad.

prh47bridge Wed 27-May-15 19:56:39

Pfh47 the penalty for rescinding a job offer is paying the notice period

You are assuming there is a notice period. If there had been a written offer it may have included a notice period. In the absence of a written offer there is unlikely to be any contractual notice period and there is no statutory notice period until you have worked for an employer for a month. There is therefore no notice period to pay.

but that door's been closed now

For discrimination the claim fee is £250. If a hearing is required there is a further fee of £950. Both fees can be reclaimed from the employer if the claim is successful. If the OP is on certain benefits or a low income she may not have to pay the fees at all or they may be reduced.

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