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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 interviewed from a new role at work in the Swiss head

Resolved Question:

I interviewed from a new role at work in the Swiss head office back in March (I currently work for the same company but based in the UK). As this move required a sequence of moves above me I was told verbally I would get the job but just needed to wait. As my boss wanted to start a recruitment process to fill my role he asked if he could inform the local marketing team of the move as they would likely see the job advert posted internally & externally. I now believe my boss has conditionally offered my position to an external candidate, however HR have missed 3 deadlines to deliver my new package details therefore I have not currently accepted this new role. If the new role does not make financial sense I will want to continue in my existing role but am concerned about the offer made to the external candidate. Where do I stand on being able to retain my current position should the new package not reach an agreeable solution?
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.

Expert:  Ben Jones replied 1 year ago.

How long have you been working in your existing role?

Customer: replied 1 year ago.
Thanks, ***** ***** I forgot to mention is that the head office also produced a official communication of the move including dates and circulated around the business without my knowledge until someone forwarded it onto me
Customer: replied 1 year ago.
3.5years
Customer: replied 1 year ago.
I'm also worried that if I select to stay in my current role my career prospects will be significantly damaged
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thanks
Adam
Expert:  Ben Jones replied 1 year ago.

No problem at all

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. I cannot comment on how staying in the current job will affect your career prospects because that is not a legal matter, rather a professional issue which only you can decide on, knowing the employer and industry.

As far as the legal position is concerned in terms of the move, it appears you have not yet accepted the role. Until you have been given a formal offer and you have accepted it, you would not be obliged to vacate your current position. Also if you were given an offer you could negotiate to make it a conditional offer based on satisfactory financial agreement. So this is the best way forward – do not accept anything until you are satisfied with the terms of the offer. Just because someone has been given a conditional offer for your job does not mean the employer can remove you and replace you if you have not accepted a new offer or handed in your resignation.

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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 1 year ago.
Thanks for the reply, yes it clarifies the legal position on my current role. I guess I will have to see if I reject the offer how things play out and if the management announcement of my move ahead of me accepting detrimentally affects my future career prospects internally.
Expert:  Ben Jones replied 1 year ago.

You are welcome, If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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