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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I attended an interview and was selected post. When

Resolved Question:

I attended an interview and was selected for the post. When I went to meet the managers who I would be working with they were not satisfied that I could do the job, although my qualifications were not in question. I feel unfairly treated. What are my rights?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did they actually retract the job offer and not employ you?
Customer: replied 2 years ago.
yes
Expert:  Ben Jones replied 2 years ago.
Were you issues with a contract and did it have a notice period for termination ?
Customer: replied 2 years ago.
No. I wasn't given a written contract only verbal one. I went to meet with the team mangers who said they were unsatisfied.
Expert:  Ben Jones replied 2 years ago.
If you were offered the job and accepted it then you would have a legally binding contract in place which would have guaranteed you the job. That is on the assumption that any offer was unconditional and not still dependent on anything else, like references or a sign off from the managers in question. However, it is still possible for the employer to withdraw that offer even if it was unconditional and whilst that would generally amount to a breach of contract, you can only pursue them for actual or potential losses suffered as a result of this breach. In your case, you could have been allowed to start the job as normal but then issued with notice of termination on day one. As you do not have 2 years’ service you would not be protected against unfair dismissal and the employer could terminate you for more or less any reason. They would have however been expected to give you any contractual notice period you were entitled to on dismissal. However, as you did not have a contract in place no contractual notice period would have been applicable and you need to look at whether employment laws would have given you the right to receive some notice period. Under law, only those who have worked somewhere for at least a month are entitled to a minimum of a week’s notice. So you would have been due no notice at all on termination. It means that the employer could have done everything by the book, employed you and allowed you to start the job and then dismissed you on that day, fairly and legally. They would not have been required to give you any notice period unless you had a contract of employment stipulating some specific notice period. As no contract was in place, you would have been due no notice so you would not have suffered any losses as a result of the dismissal. Therefore, even if they had terminated the offer prematurely, you would not have suffered any losses and would not be able to claim anything from them or be able to challenge this further. Whilst their decision may be immoral it is not unlawful. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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