Job offer possible withdrawal

[deflatedbirthday]

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 They have now retrospectively applied this new rule to my application and there is a good chance the offer will be withdrawn.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.

My final day of my notice for my current role is tomorrow. That's not really a concern as I wanted to leave for various reasons and I am on the bank so able to pick up to cover what I need. I have in fact picked up enough to cover Jan and Feb (and then some) already as a back up. I would not want to return to my current role whatever the outcome.

Ok fingers crossed this role comes through for you. What I'm going to add is that I've also known funding for posts to be withdrawn between interviews and formal offers being sent out.

For anyone applying for NHS jobs, please don't give up a current job until you receive your full job offer.

From a legal perspective, yes, she does have the offer. If a candidate has a conditional offer and meets the conditions set out in that offer, there is a contract. They can legitimately withdraw the offer if OP failed to meet the checks. They cannot withdraw it on any other grounds. They cannot move the goalposts on what constitutes NVQ3 or equivalent and use that to justify withdrawing the offer.

That's really interesting prh47. Does it apply even when the language used is we are pleased to tell you, you have been successful at interview?

Although it has changed in some organisations due to rapid recruitment during covid, the Trusts I worked for made sure that hiring managers knew to only confirm that candidates had passed their interview and didn't make any offers until all checks were back.

I thought this too, about someone else having come along and HR (or whoever) deciding they’d prefer to have them instead. Very strange either way.

Regardless of what they said or confirmed verbally or in writing they've gone through all the motions of onboarding you before changing their mind. They made an offer based on your qualifications etc so the NVQ3 thing is bollocks.

Actions speak louder than words. They'll struggle to justify this

That phrase on its own is not enough to constitute an offer. It could simply mean the candidate is through to the next interview. It depends what the rest of the letter says. If it goes on to set out the job title, salary and other terms, and states what further steps are needed (references, DBS checks, proof of qualifications, etc.), it is likely to be a conditional offer. If the terms of the role haven't been set out, either verbally or in writing, it is less likely to be a conditional offer.

OP, please keep us updated on what happens! I don't have any advice on this but FWIW I think that you should be entitled to this job at this stage in the game - I hope you still get it!

The irony that you’ve now posted incorrect. The job offer can be withdrawn at any point before start date. Links have been provided from acas.

https://www.acas.org.uk/if-your-job-offer-is-withdrawn

Very unprofessional of them as you clearly stated from the start what you qualifications were.

An easy fix would be that you agree to work towards gaining that qualification with the support of the employer if it is really needed.

@AnneValentine nothing @prh47bridge said contradicts the ACAS link. In fact it confirms it.

They were setting out the nature of a conditional and unconditional contract, and possible breaches of same.

Only she’d left out the crucial bit that they can withdraw.

The irony, if any, is that what I've posted is correct and is entirely consistent with the information on ACAS. The same cannot be said about your posts.

To quote ACAS, "If an applicant accepts a conditional offer, and all the conditions are then met, it can mean the contract has started". That doesn't prevent the employer withdrawing the job offer (and I have never said it does), but it does mean that the candidate is entitled to some compensation if the offer is withdrawn. The law rarely prevents a party to a contract breaching the contract. It deals with the situation by awarding damages to the other party.

@AnneValentine

She didn't?

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

She simply points out that if there was a contract, withdrawal will mean different things, and outlines these.

What have I said that’s not correct?

No real update here. The dead space of Twixmas means hardly anyone is around! I have contacted the union and sent a polite but firm email to HR requesting a face to face meeting and outlining my transparency at every opportunity.

There is a point of view that you have dodged a bullet here, if this outfit are so shambolic in recruiting.

if @prh47bridge makes a comment about legal issues, then it'll be 100% correct. This poster absolutely knows their stuff and are a legend on MN for their assistance in this area . End of.

Also, what posters are not grasping is this is an internal post at the same NHS Trust she has worked for 5 years.

Haven't RTFT but I gather this is the NHS? When I got a job here I had to provide proof of my degree. When I said I didn't have the certificate to hand and that I would have to apply for a copy of it all that happened was my line manager had to sign a waiver to say he was happy to take me on without this. Is that an option? I'm sorry that you're dealing with the misery that is NHS HR - I've never known a more slow process.

I just want to say thank you to the helpful comments so far. I feel bolstered by the responses and I certainly won't take this lying down!

You stated that the contract does not start until the employee starts work. This is incorrect. Also, stating that an employer can withdraw a job offer at any time without also stating that the employee may be entitled to compensation even if there are no protected characteristics involved is misleading, to say the least.

Imagine how this would impact on you if you couldn't get bank work, if you ended up unemployed as a result of their thoughtlessness behaviour. They really haven't thought this through.

I wonder what the notice period is for the position. You will at the least be entitled to pay in lieu of notice notice - and you are presumably on a higher rate of pay on the bank? Idiots.

No update as of yet but I appreciate all the advice and comments.

@AnneValentine what you have missed is that the link you have posted backs @prh47bridge completely, albeit spread across 3 separate paragraphs:

"An applicant can ask an employer why they have withdrawn a job offer. An employer does not have to give a reason...If all the conditions have been met and the employer withdraws a conditional job offer, this could be a breach of contract...If the employer has breached the contract terms, an applicant might be able to make a claim."