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Original poster

Job offer possible withdrawal

141 replies

deflatedbirthday · 27/12/2023 19:58

I interviewed for a job, was offered the job the same day and accepted. I have now completed references, obtained uniform and have an occupational health appointment next week. I was very transparent about my qualifications throughout the application and interview. I have provided my certificates and ID to the recruitment team who stated they had everything they needed (this is an internal move).

The application stated NVQ3 or equivalent. I have alevels which I was led to believe was equivalent, as was the recruiting manager who has stated via email that this has always been the case previously.

HR have now decided that alevels are not equivalent to NVQ3 as there is no practical element. They have now retrospectively applied this new rule to my application and there is a good chance the offer will be withdrawn.

I am devastated and feel this is highly unfair. I understand they need to draw a line however I feel this should be for future advertised jobs and should not be retrospectively applied.

Is there anything I can do? I'm going to ask for a meeting with HR tomorrow.

OP posts:
FitAt50 · 27/12/2023 20:10

NVQ3 is equivalent to 2 A levels according to everywhere I have looked.

Original poster
deflatedbirthday · 27/12/2023 20:19

@FitAt50 same. But can they decide that even though I have an equivalent qualification they actually want the NVQ3?

OP posts:
AnneValentine · 27/12/2023 21:09

deflatedbirthday · 27/12/2023 20:19

@FitAt50 same. But can they decide that even though I have an equivalent qualification they actually want the NVQ3?

Yes. They can. you haven’t started the position. You aren’t entitled to it. If that’s the requirement that’s the requirement. Just because it’s the equivalent doesn’t make it the same.

Original poster
deflatedbirthday · 27/12/2023 21:12

@AnneValentine and that's even if the job advert said 'or equivalent'?

OP posts:
Original poster
deflatedbirthday · 27/12/2023 21:15

To clarify a little, the recruiting manager is as frustrated as me. She has recruited previously on an equivalent' basis and was happy to do so with me. HR have now changed the goal posts after my acceptance and retrospectively applied this to the role I accepted.

OP posts:
AnneValentine · 27/12/2023 21:17

deflatedbirthday · 27/12/2023 21:12

@AnneValentine and that's even if the job advert said 'or equivalent'?

Of course. They aren’t even required to give you a reason.

Original poster
deflatedbirthday · 27/12/2023 21:18

The government website states: As soon as someone accepts a job offer they have a contract with their employer.

Although I understand that my offer was conditional, to my mind I fulfilled all of the conditions as per the job specification I applied for and accepted.

OP posts:
AnneValentine · 27/12/2023 21:20

deflatedbirthday · 27/12/2023 21:18

The government website states: As soon as someone accepts a job offer they have a contract with their employer.

Although I understand that my offer was conditional, to my mind I fulfilled all of the conditions as per the job specification I applied for and accepted.

Which starts when you start work. And even then they can terminate it without reason as long as it isn’t a protected characteristic.

https://www.acas.org.uk/employment-contracts-and-the-law

What an employment contract is - Employment contracts and the law - Acas

Advice on what an employment contract is and different types of terms.

https://www.acas.org.uk/employment-contracts-and-the-law

anothernamechangeagainsndagain · 27/12/2023 21:21

Depends whether they stated a specific subject - a levels are the same level but not necessarily equivalent if they were requiring nvq in nursery nursing for instance

Ilikewinter · 27/12/2023 21:22

I can see why your unhappy OP, I would be in your position. Out of interest I would ask HR what they consider 'alternative qualification/experience to be. I also believed a NVQ3 was equivalent to A levels.

AnneValentine · 27/12/2023 21:22

anothernamechangeagainsndagain · 27/12/2023 21:21

Depends whether they stated a specific subject - a levels are the same level but not necessarily equivalent if they were requiring nvq in nursery nursing for instance

It doesn’t matter what they stated. They can still withdraw.

Original poster
deflatedbirthday · 27/12/2023 21:23

Ok thanks. This just seems wildly unfair. The recruiting manager wants to employ me, has previously employed on exactly the same basis with no issue and due to a decision made after my acceptance I will lose out on the role.

OP posts:
AnneValentine · 27/12/2023 21:23

deflatedbirthday · 27/12/2023 21:23

Ok thanks. This just seems wildly unfair. The recruiting manager wants to employ me, has previously employed on exactly the same basis with no issue and due to a decision made after my acceptance I will lose out on the role.

It’s life unfortunately.

ACynicalDad · 27/12/2023 21:25

I’d make the point you were transparent and the employment checks haven’t shown anything you haven’t declared. They had all the facts they have now when they made the offer so you believe you have a contract and if they don’t honour it you will go to ACAS.

Original poster
deflatedbirthday · 27/12/2023 21:25

@AnneValentine it's slightly more than that. It's peoples livelihood. This job was a much needed wage increase.

OP posts:
scanmatrix · 27/12/2023 21:26

AnneValentine · 27/12/2023 21:20

Which starts when you start work. And even then they can terminate it without reason as long as it isn’t a protected characteristic.

https://www.acas.org.uk/employment-contracts-and-the-law

Show quote history

From your link:

"The contract might be formed earlier if all the following apply:

  • the employer set out the terms of the job in a clear and definite way, verbally or in writing
  • the job offer was unconditional or the person met all the conditions – for example, the employer was satisfied with their references
  • someone accepted the job offer verbally or in writing"
OneMoreTime23 · 27/12/2023 21:26

Speak to your union rep.

Original poster
deflatedbirthday · 27/12/2023 21:27

@scanmatrix thank you. This is where I'm getting muddled. From what I have read I do have a contract and I fulfilled the requirements so the contract has started?

OP posts:
scanmatrix · 27/12/2023 21:27

So did they want a specific L3 NVQ or just people with qualifications at or above that level?

Original poster
deflatedbirthday · 27/12/2023 21:28

The advert did not state a specific NVQ3.

OP posts:
AnneValentine · 27/12/2023 21:29

ACynicalDad · 27/12/2023 21:25

I’d make the point you were transparent and the employment checks haven’t shown anything you haven’t declared. They had all the facts they have now when they made the offer so you believe you have a contract and if they don’t honour it you will go to ACAS.

Who will advise they can terminate as described here. They’ve done nothing unlawful.

Original poster
deflatedbirthday · 27/12/2023 21:29

In fact at interview they were not concerned about my gcse or alevels as I have a degree and I am working towards another qualification more specific to the role.

OP posts:
AnneValentine · 27/12/2023 21:29

deflatedbirthday · 27/12/2023 21:28

The advert did not state a specific NVQ3.

It doesn’t have to. They aren’t legally required to hire you.

Original poster
deflatedbirthday · 27/12/2023 21:31

@AnneValentine so basically being employed is just on a wing and prayer and at the whim of the employer?

OP posts:
evenbarnyardanimals · 27/12/2023 21:31

Are you already employed by this firm ? If yes, then you need to really push back here. Is this the NHS and are you in a Union?