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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45323
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been offered a job on the 18/02/2014 with starting ASAP.

Resolved Question:

I have been offered a job on the 18/02/2014 with starting ASAP.
As they were offering me £33k a year I did not hesitated and I said yes.
I have sent all the requested documents true my agency who arranged my interview in the following week.
I started to call my agent on the everyday basis by end of February to get some information about the paperwork as I know with the nature of my job I have to have a CRB check and no body contacted me about it. Her answer was reassuring I don't have to worry about anything they are dealing with it.
As I was out of my last job I started to worry and I asked my agent to tell me why don't I have any information about my job. She rang HR department and find out the person who was dealing with my case suddenly went for compassionate leave and no one know about me anything in the department. Because of my agent put pressure on the HR department a lady picked my case up and dealt with it. I have to present my documents in person to prove my identity and address also I managed to send my CRB form off. Following this visit in HR department, this lady reassured me they have all the necessary details for the contract and I just need to wait, next Monday I even can start working.
By this time I was out of job about 2 weeks already.
In the following week the lady in HR had her last working day and left the company my case went to a new HR consultant who was asking me all the documents again and he told me I have to have an occupation health clearance as well.
I have printed off the emailed forms,filled in all of them and email them back to him.
This time I was sure nothing else stops me to start working.
My agent contacted the manager of HR department and somehow managed to arrange a start date for me on the 14/04/14.
But the HR consultant said occupational health department holding my case back and I can not start without the result of that examination.
My agent managed to get in contact with occupational health department and find out they just awaiting for HR department to arrange an appointment with me.
I had the examination in the following day.
I have started my employment on the 14/04/2014
I have received a contract as well on the 11/04/2014.
This contract states a £25666 per annum wages.
The original offer was £32186.40 per annum.
I have complained about this error.
Now they asking me to prove all my employments in UK what I stated on my CV even though I provided 3 references from my previous two employers.
I agreed to those checks but I don't really understand where do I stand.
I am extremely distressed and don't know what to do.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they provided any reasons for this error? Have they said they are looking into this or have they refused to accept they are in the wrong?

Customer:

They are keep asking me to send my documents over and over again

Ben Jones :

Do you have written evidence of the original offer?

Customer:

yes

Customer:

I have all the emails from the interview

Ben Jones :

Does the contract have a notice period for termination?

Customer:

I can not see anything about it. It says only my appointment is subjected to a satisfactory CRB disclosure only

Customer:

The probation period is 3 months

Customer:

one week notice has to be given from both side

Ben Jones :

You will have certain rights although overall your employment rights will be limited due t the fact you do not have 2 years’ service with the employer and under law that means you are not protected to the same extent as those with the required service.


 


First of all, if you were given a formal offer of employment with a specific salary and you relied on the terms you were provided with to accept the offer, you and the employer would be bound by these terms. In your case, you would be able to approach the employer and state that you had a legally binding contract in place when you accepted the offer of employment and that the pay promised at the start would apply. Therefore, the employer’s failure to pay you that amount would potentially amount to a breach of contract.


 


The issue is that as mentioned you are not protected against unfair dismissal and f the employer finds that you are becoming a nuisance for them, they can legally terminate your employment, even if it is because you have brought up the pay issue, and you won’ be able to challenge it. As you have no contractual clause for termination, they can dismiss you with just a week’s notice. Your only claim in that case is that you should be paid for the time you worked with them at the higher rate which you were promised, although if you only worked there for a few weeks, that would not be much higher.


 


So you have rights to challenge the pay issue but be careful as it could be at the expense of you losing the job as a whole.

Customer:

What about the delay of the process?

Customer:

actually they are asking me all the starter forms again what I have sent already several times

Ben Jones :

you were nt given a specific start date at the start though were you?

Customer:

no, it was ASAP, that's why I completed all the documents within days

Customer:

I could start by 10/03/14

Ben Jones :

ok without a guaranteed start date, you won't really be able to claim anything about the delay - ASAP does not mean guaranteed start date

Customer:

ok than. thank you for your time.

Customer:

good night

Ben Jones :

you are most welcome, all the best

Customer:

I can not rate you for some reasons.

Ben Jones :

yes sorry it's a bug we have at present you can just type the rating instead and we will process it, many thanks

Customer:

excellent service

Ben Jones :

Noted, many thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45323
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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