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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48172
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can you tell what my rights would be if I was offered a

Resolved Question:

Hi can you tell what my rights would be if I was offered a job which I accepted (I signed contract, new employer not yet), and then the new employer got previous job references which were not acceptable and revoked the offer of a job? Also if the revoke happened after what should have been my original start date what would the position be ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was the job conditional on references?
Customer: replied 1 year ago.
there wasn't anything written in the contract no
Expert:  Ben Jones replied 1 year ago.
What about in the discussions leading up to the offer?
Customer: replied 1 year ago.
Hi I think may have been mentioned in passing in interview. When i emailed to say I was accepting the position I got an email back saying that their network/regulator would be sending me an application to complete and return (it's a mortgage brokerage) it didn't mention that they would need to be happy with the references
Expert:  Ben Jones replied 1 year ago.
Did the contract contain a notice period clause for termination?
Customer: replied 1 year ago.
I am not sure what you mean sorry?
Expert:  Ben Jones replied 1 year ago.
Does the contract contain a termination clause which states what notice the employer must give you to terminate your employment?
Customer: replied 1 year ago.
Yes, during probation it's one week notice, after probation one month
Expert:  Ben Jones replied 1 year ago.
How long is the probationary period?
Customer: replied 1 year ago.
Three months
Expert:  Ben Jones replied 1 year ago.
When you were offered the contract, it would have been offered to you on the conditions which were either stated in it or pre-agreed between you and the employer. It is not uncommon for a job offer to be made conditional on successful references, which means that if no such references were received, the employer could retract the job offer. So it depends whether in your case this was something which was agreed or not. If it was not, you can argue that the employer cannot retract the job offer just because they have not received a positive reference. So in these circumstances you can claim that the job offer should have come into existence when the contract was due to start. Saying that, under the contract they are able to terminate your employment anyway by giving you a specified notice period. In the circumstances this would be a week’s notice in the first 3 months of employment. So they could use more or less whatever reason they want to terminate your employment, including the lack of successful references. They would still need to give you that week’s notice though so in effect you should be due a week’s pay. However, they can still terminate the job so you would not be able to claim that they should keep you on even if the references were not made a pre-condition of employment. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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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