Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What would you like to know about this please?
Ok well first of all there is no specified time limit for any of this. You cannot point them to anything which says they must resolve this within X number of days/weeks/months. If they had given you any specific timescales then that is a different matter but without anything specifically promised, then there is certainly nothing specified in law.
I would actually go back to the employer about this and challenge them on their policy to have to use OH to clear you for the job when you are already doing a similar job in the same organisation. It is not like they do not know your position and circumstances – they should have access to all the latest information about you and should be able to make a decision based on this. I know they may have made you a conditional offer based on OH clearance but as this is a service contracted in by them so they should take some responsibility for this unreasonable delay.
If you were to withdraw from the job then you will likely be looking at a negligence claim against the OH company but don't just aim directly at legal action as that should always be seen as a last resort. Also it would be risky - you will have to pay the legal and court fees and prove you have a valid claim so there is a lot of work for you to do with no guarantee of success. of course it is there should you need it...
no one can guarantee that you will get that money back. You can indeed make a claim and if you are successful you can also claim back the court fees, but not any solicitors fees if you had incurred these
I think you are better off trying to resolve this with the employer in terms of why are they requiring such an assessment when you already work for them in a similar capacity and they already have detailed bout you, so this whole process appears somewhat redundant. you cannot force them to accept anything (they are unlikely to for fear of implicating themselves anyway) or force an apology - these are done entirely voluntarily by them
oh absolutely, things have changed dramatically. I certainly do not think that a formal compliant and a description of hat you went through would be a bad idea.
Jut to advise you I will be going offline now as I am in court tomorrow. 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
Many thanks and all the best