How likely would I be to win this?

[IslaBas]

I was given and accepted a verbal conditional job offer. Conditions were CRB/references etc.

Job offer was then rescinded two weeks later on the basis that another applicant had submitted a grievance regarding the interview process. So we now have to go back to interview again.

My argument is that I was offered the job and have a verbal contract with them. Any grievance the other applicant has is nothing to do with me and I shouldn’t be penalised.

Thoughts?

You haven't got any rights in this situation nor any claim to the job

Not a chance, sorry.

I spoke to ACAS the other day who advised differently!

You have no rights at all and wouldn't win any legal action. Even if you started the job you could be dismissed for any reason (other than a protected characteristic) and have few rights within the first two years.

..... They are being forced to redo the process. As you got the job last time it's surely highly likely you will be offered it again...
I realise this is frustrating but in your position if I wanted the job I'd just sit back and let it happen. I would not do anything that would make me seen as awkward or raise a red flag in recruitment process. If you do you might not get offered it.

If you spoke to ACAS, why are you asking again here?

Their own website says this:

A verbal job offer is legally the same as a written one, but it can be difficult to prove the details if it’s not in writing.

@happytoday73

..... They are being forced to redo the process. As you got the job last time it's surely highly likely you will be offered it again... I realise this is frustrating but in your position if I wanted the job I'd just sit back and let it happen. I would not do anything that would make me seen as awkward or raise a red flag in recruitment process. If you do you might not get offered it.

This. Technically they have broken the contract but realistically you're going to get nowhere with it. Make a show of maintaining your goodwill and you'll probably be fine.

Did you not post about this the other day? Why do you keep posting the same thing?

Surely they have a right to rescind an offer (for multiple reasons)
They might have dodged a bullet if you went straight to acas over this
If you want the job do the reinterview, you are still highly likely to get it.
If you’d rather go cause a fuss go for it but it won’t get you the job just a bad name

You do have a contract of employment with them, that was formed when they offered and you accepted. It is not true to say you have no rights, as you are protected against wrongful dismissal. Wrongful dismissal usually relates to not being given the proper notice period.

As they have terminated your contract of employment you could be entitled to payment in lieu of notice. However with nothing written down you presumably would not be able to prove what the notice period would be or was this discussed? If you cannot prove a contractual notice period then a statutory notice period would apply which is zero notice with less than a month of employment.

Your best likely outcome is to sit it out and hope you are offered the role a second time.

@Florencex thats not correct in this case. The offer is conditional so would not become final (verbal or otherwise) until an unconditional offer is made which would then be binding.

[quote PolPotNoodle]@Florencex thats not correct in this case. The offer is conditional so would not become final (verbal or otherwise) until an unconditional offer is made which would then be binding.[/quote]
Except it wasn't terminated for one of the conditions that were placed on it (references, CRB).

Florencex is right, but both their and your summary lead to the same result - nothing to be done.

Unless the termination is related to a protected characteristic of course, but it doesn't appear so.

@VanGoghsDog as far as I was aware it doesn't really matter why, as the employer doesn't have to disclose the reason for rescinding the offer anyway. At this stage it is a tentative offer that is not formalised and therefore not enforceable (unless, as you said, the offer was withdrawn in contravention of EA2010).

I'm likely wrong though, its been many years since I learned about it.

[quote PolPotNoodle]@VanGoghsDog as far as I was aware it doesn't really matter why, as the employer doesn't have to disclose the reason for rescinding the offer anyway. At this stage it is a tentative offer that is not formalised and therefore not enforceable (unless, as you said, the offer was withdrawn in contravention of EA2010).

I'm likely wrong though, its been many years since I learned about it.[/quote]
But they HAVE given a reason, and they DID make the offer conditional on something specific.

It's breach of contract. But there is no remedy.