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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47609
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been offered a job. I have received the contract and

Customer Question

I have been offered a job. I have received the contract and offer letter. I was telephoned last week to ring shared services of my previous companies and gain references. I did this and got them sent that day. Because on my form I had put that I had disability issues they asked me to attend a medical. I asked them at the medical as my start date was Monday to fax and send it through asap. I was told by the company and by the agency to hang fire until this had arrived and they would be able to enact the changes under DDA. I hung on and later in the day received a email to say that as paperwork was not all together, that I could not start and would be offered a new start date asap. I received the email from the medical at the same time that management got it today.I feel gutted upset and angry that I was not able to start job. Where do I stand What would have happened if Ihad turned up on day one. contractually and legally I would have deemed to have started

Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was the starting date conditional on the paperwork being received?
Customer: replied 2 years ago.

The contract was conditional yes, but in the interim I complied with all requests to gain references, I telephoned previous employments and charities to gain these and get them faxed over. Last Wednesday was franetic in phone calls etc. I was credit checked re a bank account which the company opened for me to have my salary paid into. I had mentioned in the healt assessment disability issues. I was asked to attend a medical last Friday I attended and asked for the paper work to be sent over that afternoon. I recived a mail to indicate that it has been sent had been sent and at the same time I received the mail, management received it was well - I even offered to come in to the company to assist with this process. I suggested access to work may well be involeved also because that may be quicker - So yes it was conditional but I assisted with all the needs that they had

Expert:  Ben Jones replied 2 years ago.
So was it the medical info which was not received in time?
Customer: replied 2 years ago.

It seems so I have the list here -

confirmation of ID and proof to work in the UK - this was done at interview with passport and birth certificate.

CRB checks - This may have been the delay - I have a clean CRB from the Gideons International but I understand that the coop needs one from CRB themselves

Credit Reference check -

opening a coop account - I was phoned to do this and complied with this

acceptance of the offer - Done this by internal intranet by email to me

medical review - attended this last Friday

Do you need more time Ben ?

Expert:  Ben Jones replied 2 years ago.
Whilst it is unfortunate that the documentation was not received in time, this was a condition of the contract and if it was not fulfilled the employer would not have been expected to allow you to start on the agreed date. Whilst you may have complied with all instructions and done all that was required of you, that is only part of the requirement – you’re still relying on the other organisations to do their part as well and only then would the condition be satisfied. Not every organisation would be as efficient as we would like it to be so delays could occur. So even if you have done nothing wrong and have done all you should in time, that does not mean that the required documentation would be received in good time. Delays by the organisations providing the documentation could still delay your start date so even though it is unfortunate as I mentioned, it is what it is and the employer has not done anything wrong by delaying the start date because the condition on which the job was offered has not been satisfied. If you were to turn up on your intended first day the employer could have turned you away as they had not received the required information. So it is best not to get too upset about this and know that it is just a short delay rather than a retraction of the job. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

So really it is a delay until all the information needed has been recived, and not a retraction of the job offer. They have not retracted the offer and in fact will offer me a new start date when it is available. They have not with drawn the job offer.,

You can imagine that I was upset and angry when this happened because I had done everything that had been asked of me. (I have been out of work a while and it was my first job offer I understand that in the last intake someone dropped out and they made me an offer - On the other side they had used an agency and I suppose the remit of the agency is fine someone quckly. and fill the post - ) But then the agency would not fully know that I had a disability

Expert:  Ben Jones replied 2 years ago.
It is not all that bad, i understand you were eager to start asap but they are just slightly delaying the start date until the documentation is in order so before you know it you should be starting with them, I would hope it is not that much of a delay

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