Hello, my name is Ben and it is my pleasure to assist you with your question today. Was the offer made conditional on anything?As I am just going offline and you asked for low urgency answer would it be ok to answer this first thing in the morning please?
Hi i should be available in the afternoon, not sure on times but as soon as you are online and respond to my initial query above then I will be notified and if I am online we can continue with this. if not then I can just provide my response once I have the required information and you can access it at your leisure
hi, yes I am
So was the offer made conditional on anything?
A verbal offer can be just as legally binding as a written one, as long as there as an offer by them, an acceptance by you and some consideration and it is likely all these would have been satisfied in your case.
The issue then is whether the offer was conditional on anything specific because if it was, then if you did not satisfy these conditions the employer could have terminated the contract or withdrawn the offer. If there were any conditions to the offer then these should have been made clear to you at the outset. Therefore, if the offer was not made conditional on anything and the employer has gone and withdrawn it then potentially they would be acting in breach of contract.
The issue now is what you may be entitled to as a result of this potential breach and that would depend on your contract with them. For example, if you were told you will have a specific contract with that and you have seen it, and that contract had a contractual notice period for termination then you may try and get the equivalent of that notice as compensation. If you think about it, they could have still employed you and allowed you to start working for them, but on your first day of work they could have relied on the contract and legally terminated your employment by giving you the notice period in it. As such the worst case scenario would have been you lose out on this notice period. As such, in your circumstances the best you can hope for is some compensation equivalent to that notice period.
If you were never told of a contract or seen one, then by law they could have terminated your employment with no notice in the first month of your employment with them. Sao again, they could have allowed you to start working for them and on your first day legally dismissed you with no notice period, so in that case your losses would not really amount to anything, maybe a day's pay but that is it.
So your rights would really depend on whether a contract was in place and what notice period it contained. The above can help you with negotiating with the employer over this if necessary - has it answered your query?
what exactly do you wish to know about this?
yes but please leave it with me I will respond later this eve
what kind of employer was this, what was the job for?
Ok so if you were 'rehabilitated' under the Rehabilitation of Offenders' Act 1974 and your conviction was considered spent (assuming that the job you did was not one of the excluded ones, which you can see here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/260319/DBS_guide_to_eligibility_v2.2.pdf) then the employer should not have taken into consideration your criminal record when offering you the job.
The issue is that the law does not specifically say what you can pursue the employer for if they do not follow the above rules. The law only says they should not do it, but it does not give the person the specific right to sue the employer if they do not follow these rules. So you are then unfortunately only left with the breach of contract claim which I discussed above, which is something to be pursued in the county court.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?