Job offer withdrawn - is there anything I can do?

[MollieO]

Made redundant. Before actually redundant interviewed for new job at another company. Then made redundant and in the middle of negotiating compromise agreement when I had second interview. Was advised not to mention redundancy at that interview. That interview was brief. Offered job. Didn't accept job until CA signed (last week).

Job offer withdrawn today because, they said, I should have told them I was being made redundant. They had details of exactly when my last working date was and also said they had been told I was 'let go', ie implying I had been sacked. Not true at all but dates and other info etc can only have come from someone at my old company and is completely in breach of the CA confidentiality clause and is also defamatory.

Is there anything I can do?

Gosh tricky and shitty. Sorry it's happened to you and I don't think I have good news for you.

You have protection from a job being withdrawn if it's for a discriminatory reason. That doesn't sound like the case.

If you think the CA has been breached then I would suggest you speak to the solicitor who did your legal work on it. S/he should be able to advise you if the confidentiality clause has been breached. There should also be a mutual clause about defamation which might be applicable.

However, even if someone has breached both those clauses proving it is tricky. You could request all your information under the data protection act by making a data subject access request to see if it indicates where the leak came from. But then you'd have to sue through county court for breach of contract (messy and expensive and uncertain result).

What I would do in your shoes is think carefully about whether you want to work for this company and if you do go back to them and say that you have been made redundant, not let go and you can provide references testifying to your competency from your previous employer (the agreement to provide a reference should have been in the CA) and see what they say.

If they say you might decide to cut your losses and walk away rather than fight your previous employer for breach of contract.

Unless your "redundancy" was related to a protected characteristic under anti-discrimination legislation in the Equality Act, in which case your solicitor (and you must take legal advice on this) may agree your CA is invalid and you have two claims to bring. One against old employer and one against new.

If they say no you might decide to cut your losses

Thanks. I have spoken to what would have been my new employer but they don't seem to understand that I was unable to say anything at the time. Of course now the CA is signed I can say I've been made redundant. I don't have anything to hide but was very concerned at risking being in breach of the confidentiality requirement whilst the CA was being finalised and of course there is an on-going obligation so I need to be careful about what I say concerning the circumstances of the redundancy (due to a downturn in business). I have offered to show them the CA if I get approval to do so from my old employer. Have contacted old employer HR today and they are horrified and keen to do what they can to help.

I feel as if I am back to square one now re job hunting only worse as someone is spreading untrue rumours about me.

I've asked the prospective employer to reconsider and explained everything but not hopeful. Makes me incredibly frustrated and sad. I don't have the luxury of not working as no one else to pay bills etc.

Does new employer have an HR department you could talk to? Are they saying they don't want you because you lied? Or because your reference has come back with something bad on it?

Is there a reason for the CA? Or is it standard practice in your industry/former employer? They might be worried you've been paid off because you're trouble.

Most non-HR people don't even know about CAs so just might not understand what it is. But you're in catch 22 because you can't tell people about the CA.

It's not the fact you didn't say you were being made redundant at the time that's the problem. It's this bit "they had been told I was 'let go', ie implying I had been sacked"

Just the pure fact that someone lost their job due to redundancy and didn't happen to mention it wouldn't be the reason for withdrawing an offer of employment for someone they were keen to recruit. But that second bit is the key.

You may not be able to recover this offer of employment but you need to ensure future offers aren't jeopardised. I imagine the (understandably horrified) HR dept will be storming the building yelling FFS (in a suitably dignified, appropriate manner) at whoever is likely to have done this, so hopefully it won't happen again.

Are the prospective employer prepared to tell you who they spoke to? Is it one of those where someone at the new company might have known someone at the old company and asked them off the record for a view?

I do agree with Katie that a trip back to see your solicitor to get his/her advice bearing in mind the wording of your CA would be a good idea.

It is a small industry and I think someone at my old company would know someone at my new co and deliberately shit stir. Hopefully I can get them shut down so it doesn't affect future job applications. Hadn't got to the reference stage hence I know someone has breached the CA confidentiality. No one I know outside the company would have known the details. I certainly didn't and my integrity is intact. Unfortunately that won't help me pay the mortgage.

No idea if the CA is standard practice. The lawyer I consulted wasn't surprised I'd been asked to sign one though. I assumed it was normal for redundancy (never been in this situation before).

If it hasn't got to referencing then you should definitely speak to your lawyer about breach of the CA. The whole thing could now be void and your old employer may have to pay you damages for any losses you suffer as a result of the breach - which if you've lost out on a job then you are incurring financial loss.

IM(limited)E they only wheel out the CA when there's a risk you'll take them to an Employment Tribunal, either because they think you have grounds or because they think you're the sort of person who might. If it's because they've left themselves at risk there's often wording relating to whatever it is they're worried about (commonly some sort of discrimination) in the CA.

They are not often used as standard practice although some companies do use them in that way. Particularly if being seen to be taken to an employment tribunal would be extremely damaging to commercial interests or if either party is very high profile in some way.

If I was in HR at your old company I would be hyper-ventilating into a paper bag after your call and phoning the company lawyer.

Thx. I think I will be taking things further unfortunately. I know from the old co HR reaction that they are worried. I have lost a new job because of what someone has said and the financial loss will be significant.

I can't say I blame you. Make sure you have documentary evidence for your loss (evidence of job offer, salary details etc) just in case the worst happens.

Good luck.