How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My best friend, who has a criminal record, applied

Resolved Question:

Hello
My best friend, who has a criminal record, applied for a job with a voluntary organisation to be based at HMP Pentonville. She was successful at all recruitment stages (after disclosing her criminal record) and was offered the post, which led to the signing of an employment contract. Today was her first day of employment and her line manager told her that they would have to withdraw the job offer as HMP Pentonville security checks did not clear my friend because she would be based inside the prison. As she has signed the employment contract I believe that this voluntary organisation has a responsibility in locating another post for my friend in another location. Surely the employment contract signed by both parties is binding. Am i right?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello does the contract have a notice for termination of employment?
Customer: replied 1 year ago.
no, that's not mentioned.
It says the following: "the offer is subject to satisfactory references, police and/ or prison checks and confirmation of your right to work in the UK. Once we have received satisfactory references and checks we will send you a firm offer and confirm a start date"
She was given a start date (today). If they had not received confirmation from the prison, why did they offer her a start date?
Customer: replied 1 year ago.
The fact that my friend was offered a start date made her to quit her previous job. Shouldn't she be compensated for this as she is now unemployed due to their careless approach?
Expert:  Ben Jones replied 1 year ago.
The issue here is that she was offered a conditional offer and if she has not satisfied the conditions they can withdraw the offer. There is nothing wrong with making conditional offers even if they have not satisfied all of the required conditions. So it is rather simple in legal terms here – a conditional job was made, if the conditions have not been satisfied the offer can be withdrawn. Even if the conditions had been met in the first 2 years of employment there is no protection against unfair dismissal so she can be terminated for more or less any reason. She will be entitled to the contractual notice period due to her but in the absence of one the law only gives her a weeks notice and that's only after a month of being there. So in the first month she can be dismissed for any reason and without notice. It is unfortunate but that is how the law stands. 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
Ben Jones and 2 other Employment Law Specialists are ready to help you