Hello my nam e
Hello my name is ***** ***** I am happy to help you today. Are you asking if you can sue the employer for withdrawing the offer of employment?
hello Jenny, thank you for getting back to me so quickly
yes, kind of. but im not sure how far I want to go
was the employer aware that you could have immigration issues at the point of interview?
yes, they should have been. it was on the cover sheet. i have the email record that i sent it to the agent together with my cv. now the company's hr said she didn't understand and said i put 'work visa' on the sheet, but it is not clear to her. but there is only one type of work visa at the moment. she should know as an hr.
Have you suffered any financial loss as a result of the offer being rescinded?
financially, not much. only postage for posting contract back to them. i think more of a time loss and frustration and lack of respect
just thought if employer can easily do this and can get away with it, what does contract protect employee?
i mean i had to take time off for interviews, communication with them during work time if needed.
Ok I understand that however under UK employment laws you do not have great protection because, even if you had been taken on there is no right to claim unfair dismissal) until you have been employed for at least 2 years. This means that every employee who changes job takes a risk that the employer could rescind on an offer in this way. If you have signed a contract and it contains a notice period then you can argue that you should have been given notice in accordance with the contract. However the employer may counter argue that the contract does not start until the first day of employment.
I realise that this is not the answer you were hoping for but UK employment law does not protect job applicants in this way. The only protection that is available is against discrimination in recruitment but I do not think that this is an issue here.
If you have any further questions please do ask.
home office website listed as the company as rating a sponsor
so they do have the capability to sponsor people
that's what i believed also and that's the reason they told me on friday that they don't want to sponsor me
I understand that but unless they specifically contracted to do that with you by agreeing it with you there is no claim as the only claim could be in breach of contract.
but in their formal letter, they don't want to put it in
they didn't put the detail in. they are afraid of something i think
sorry, didn't get your last reply quite clearly. would you pls specify?
What I am saying is that UK employment laws do not offer you protection in these circumstances as it is always a risk to change jobs as you lose employment rights.
ok. so contract can be cancelled just like this? I thought from employee point of view, at least if i sign with them, i won't be able to sign with other company. but from employer side, it seems doesn't have any restriction from what you say here.
Yes I'm afraid so. :The risk is with the employee in these circumstances.
so what does contract mean?
only restricts people who's looking for jobs?
if they can easily cancel this, why it takes ages for them to send a formal confirmation and not state the real reason on the letter. from my non-expert opinion, they must be afraid of something.
The contract does not mean anything except for an offer of terms and condition until the employment commences. Even after that employees in the UK have lmiited employment law rights until they have been employed for 2 years. This is because of recent govenment moves to strengthen the position of the employer over that of employee.
I realise this is not the answer you were hoping for. I am sorry that it is not what you want to hear but it would be unfair of me to give you an alternative answer.
as my last question, if they are really in such a strong position, why they don't want to state what really is?
they stated 'it is due to you not meeting our on-boarding and screening request, which is a prerequisite to being offered this position', it sounds like i have any unclean background to me
I can't answer as to what their motives are I'm afraid as I do not profess to know what their thinking was.
and it is something i can not accept really
You should ask them if they have not met your requirements in that regard or if they did not have the information. If they refuse to answer you can make a request under the Data Protection Act for the informaiton.
No problem I am sorry I have not given you a positive response to your question.
ok, no problem. thanks for your time
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you.
I note you have rated my answer poor. I hope this is not because It is not the answer you wanted to receive. Is there anything else I can help you with?
Hi I would like to help you with this if I can?