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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 They have now retrospectively applied this new rule to my application and there is a good chance the offer will be withdrawn.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:
firsttimemum1212 · 27/12/2023 21:31

@AnneValentine is not correct. Provided you passed all the background requirements and have fulfilled the contract that was signed, it remains binding. They absolutely can withdraw the offer without reason, but you will be entitled to any notice pay as per the contract (probably a week)

Original poster
deflatedbirthday · 27/12/2023 21:32

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?

Bingo. Yes it's the NHS and I am currently employed by the Trust. The union is first on my list tomorrow.

OP posts:
AnneValentine · 27/12/2023 21:34

firsttimemum1212 · 27/12/2023 21:31

@AnneValentine is not correct. Provided you passed all the background requirements and have fulfilled the contract that was signed, it remains binding. They absolutely can withdraw the offer without reason, but you will be entitled to any notice pay as per the contract (probably a week)

So when I saw they can withdraw the offer without reason I am in fact, correct 😂

AnneValentine · 27/12/2023 21:35

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?

Unless you’ve been employed over 2 years and you aren’t terminated due to protected characteristic, yep.

Avacardo2023 · 27/12/2023 21:36

It's really bizarre OP. Have they filled your old job yet or struggling to recruit? Were you in the old position longer than two years?

I think the only thing you can do is speak to HR tomorrow and explain what you have done here, and you could say that you would be willing to undertake an NVQ3 whilst in the new position if they are willing to fund it.

scanmatrix · 27/12/2023 21:36

deflatedbirthday · 27/12/2023 21:28

The advert did not state a specific NVQ3.

Why have they decided that "or equivalent" only means vocational qualifications then? They're both RQF level 3 and hardly any other L3 qualifications are vocational. What would they now accept?

Talk to them calmly to understand the decision and if agreement can be reached on honouring the offer.

Original poster
deflatedbirthday · 27/12/2023 21:36

@AnneValentine I have been employed for 5 years. This is an internal move and employment is continuous

OP posts:
Blumarine · 27/12/2023 21:39

This has happened to me before, I saw a solicitor and I didn’t have a case. They don’t have to give you the new job even if they offered you it in writing. If you signed a contract (which it doesn’t sound like you have) the most you’d be entitled to is a paid notice period.

Citrusandginger · 27/12/2023 21:39

Is the NVQ role specific OP? Even if you have A levels they might not be in subjects appropriate for the role, if it's clinical for example.

The NHS tend to make "subject to" job offers whilst checks are being done and then make a formal offer once the checks are completed. What I would recommend is to read the job advert wording carefully. If the advert doesn't ask for the NVQ in a specific subject, you may be able to pushback with HR. (Assuming not clinical).

Original poster
deflatedbirthday · 27/12/2023 21:43

@Avacardo2023 It's completely bizarre.

Absolutely everything possible is in place for me to move. I'm booked into mandatory training in anticipation. The compliance team have provided me with all mandatory training on my HR login. I have uniform and access ready. The department are keen for me to start ASAP.

OP posts:
Mrsttcno1 · 27/12/2023 21:43

Blumarine · 27/12/2023 21:39

This has happened to me before, I saw a solicitor and I didn’t have a case. They don’t have to give you the new job even if they offered you it in writing. If you signed a contract (which it doesn’t sound like you have) the most you’d be entitled to is a paid notice period.

Yep this is exactly the case OP. Frustrating but nothing you can do, it’s one of those things unfortunately.

TeenLifeMum · 27/12/2023 21:44

was it an nvq in a specific thing or just educated to nvq3 or equivalent. If you’re educated to degree level then you more than meet the requirements. I’m in the nhs and don’t have a degree but am currently studying for a post grad qualification on the basis my level of work at band 7 is equivalent to having a degree. Recruiting manager can go above hr to get this signed off but will depend how influential they are. In my trust I could definitely sort this but you aren’t able to do much until the manager acts. That’s so rubbish. Hope it’s resolved for you.

Original poster
deflatedbirthday · 27/12/2023 21:44

@scanmatrix I really can't seem to get any reasoning from them or at least I haven't today. I am back in work tomorrow so intend to speak to HR.

OP posts:
Original poster
deflatedbirthday · 27/12/2023 21:45

Citrusandginger · 27/12/2023 21:39

Is the NVQ role specific OP? Even if you have A levels they might not be in subjects appropriate for the role, if it's clinical for example.

The NHS tend to make "subject to" job offers whilst checks are being done and then make a formal offer once the checks are completed. What I would recommend is to read the job advert wording carefully. If the advert doesn't ask for the NVQ in a specific subject, you may be able to pushback with HR. (Assuming not clinical).

It wasn't specified in the advert. I appreciate what you're saying and would have understood if they had decided not to take my application forward on that basis, however I have been very transparent about my qualifications throughout the whole process. The recruiting manager is happy to hire me. They have the same information now as when I applied.

OP posts:
Offredismysister · 27/12/2023 21:46

I thought similar to @TeenLifeMum
Surely a degree supersedes an NVQ level 3?

Original poster
deflatedbirthday · 27/12/2023 21:47

TeenLifeMum · 27/12/2023 21:44

was it an nvq in a specific thing or just educated to nvq3 or equivalent. If you’re educated to degree level then you more than meet the requirements. I’m in the nhs and don’t have a degree but am currently studying for a post grad qualification on the basis my level of work at band 7 is equivalent to having a degree. Recruiting manager can go above hr to get this signed off but will depend how influential they are. In my trust I could definitely sort this but you aren’t able to do much until the manager acts. That’s so rubbish. Hope it’s resolved for you.

Thank you!

The line manager has been lovely. She is as frustrated and confused as me by the whole situation. I don't know her well enough to know what influence she has.

OP posts:
TeenLifeMum · 27/12/2023 21:48

I’ve got mixed experiences with hr and I’m wondering if it’s a jobsworth and you’ll get a better response from their manager because they’ve misunderstood.

Original poster
deflatedbirthday · 27/12/2023 21:50

TeenLifeMum · 27/12/2023 21:48

I’ve got mixed experiences with hr and I’m wondering if it’s a jobsworth and you’ll get a better response from their manager because they’ve misunderstood.

Perhaps! Every HR department has them! I'm going to ask for a face to face meeting with them tomorrow as they are currently not responding to my emails (all this information is coming via the recruiting manager and the recruitment team)

OP posts:
prh47bridge · 27/12/2023 21:53

There is a lot of incorrect "advice" on this thread.

If the offer was unconditional and you have accepted it, you have a contract.

If the offer was conditional and you have accepted it and fulfilled all the conditions (which sounds like it was the case), you have a contract.

If you were an external applicant in this situation, you would be entitled to at least notice pay. As an internal applicant who has been there more than two years, the situation is more complex. As you are in a union, they should be your first port of call.

Fairylightfurore · 27/12/2023 21:57

You have a degree. That trumps any number of NVQ's. I would complain. Sounds like they have someone specific they want to shoehorn in? I can't think why else they would be changing the goalposts.

OdeToBarney · 27/12/2023 21:59

OP as this is an internal move and you have more than 2 years continuous service, you really need legal advice (speak to your union first, as I've seen you've said you will). What's happened to your current position?

evenbarnyardanimals · 27/12/2023 22:02

Total lack of common sense from HR/Recruitment here. Alevels and a degree trump NVQ3 any day. As an internal candidate with 5 years continuous NHS service, you could wipe the floor with them over this OP. Raise a grievance if you don’t get anywhere with your union.

Citrusandginger · 27/12/2023 22:18

prh47bridge · 27/12/2023 21:53

There is a lot of incorrect "advice" on this thread.

If the offer was unconditional and you have accepted it, you have a contract.

If the offer was conditional and you have accepted it and fulfilled all the conditions (which sounds like it was the case), you have a contract.

If you were an external applicant in this situation, you would be entitled to at least notice pay. As an internal applicant who has been there more than two years, the situation is more complex. As you are in a union, they should be your first port of call.

Although it varies from trust to trust, most NHS organisations I have worked for don't make formal written offers until all checks are complete.

The initial offer is conditional and it is drilled into hiring managers to be extremely careful about how they discuss this with successful candidates. Equally, candidates are told at the time of any conditional offer that they should not hand in their notice until they receive their proper offer letter.

Unfortunately, I suspect OP hasn't got a formal offer yet.

Original poster
deflatedbirthday · 27/12/2023 22:20

@Citrusandginger I have a conditional offer letter which states that subject to checks they are offering me the job. I have fulfilled the requirements as far as I am concerned. It's HR who have moved the goal posts

OP posts:
Citrusandginger · 27/12/2023 22:23

Ah, unfortunately that's what I suspected. I'm afraid you don't have the offer until you have the offer iyswim.

I would definitely pursue with both HR and your union though. They may still offer it. I'll cross my fingers for you.

The important question is whether you have handed your notice in for your current post. You should have been advised not to.

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