How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

Hello, I recently found a job. I verbally agreed their verbal

Customer Question

Hello, I recently found a job. I verbally agreed their verbal offer. They thus sent their signed contract to my home address. Before i returned my signed contract, I emailed and rang to ask how they want me to cooperate with work visa application since I'm an non-EU worker and need sponsorship from employer. HR said she didn't realize that I need sponsorship and she will need to talk to the team and see how they can help. after 3 days (last Friday), HR asked me to call them. I called back, she said they have to withdraw the offer because they think the process of dealing with visa takes too long. However, I have sent my visa status the first day I sent the application through the cover sheet together with my CV and they didn't check carefully. They said they will open the conversation with me this week regarding this. I posted the contract back this Saturday. They ask the agent to call me to tell me they have withdrawn the offer, but the paper work would take a couple of days. Today (Wednesday) evening, I received a letter from the company saying 'it is due to you not meeting our on-boarding and screening request, which is a prerequisite to being offered this position'. It is not indicating clearly as they mentioned last friday, it is because of the visa.
I'm sorry, there are a lot of details here. But I just want to represent the whole story for you to help me to see what kind of right I have here given the evidence I have, and if there is any, how can i claim with them. many thanks for your help.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Customer:

Hello my nam e

Customer:

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?

JACUSTOMER-smjcim8r- :

hello Jenny, thank you for getting back to me so quickly

JACUSTOMER-smjcim8r- :

yes, kind of. but im not sure how far I want to go

Customer:

was the employer aware that you could have immigration issues at the point of interview?

JACUSTOMER-smjcim8r- :

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.

Customer:

Have you suffered any financial loss as a result of the offer being rescinded?

JACUSTOMER-smjcim8r- :

financially, not much. only postage for posting contract back to them. i think more of a time loss and frustration and lack of respect

JACUSTOMER-smjcim8r- :

just thought if employer can easily do this and can get away with it, what does contract protect employee?

JACUSTOMER-smjcim8r- :

i mean i had to take time off for interviews, communication with them during work time if needed.

Customer:

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.

Customer:

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.

Customer:

If you have any further questions please do ask.

JACUSTOMER-smjcim8r- :

home office website listed as the company as rating a sponsor

JACUSTOMER-smjcim8r- :

so they do have the capability to sponsor people

JACUSTOMER-smjcim8r- :

that's what i believed also and that's the reason they told me on friday that they don't want to sponsor me

Customer:

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.

JACUSTOMER-smjcim8r- :

but in their formal letter, they don't want to put it in

JACUSTOMER-smjcim8r- :

they didn't put the detail in. they are afraid of something i think

JACUSTOMER-smjcim8r- :

sorry, didn't get your last reply quite clearly. would you pls specify?

Customer:

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.

JACUSTOMER-smjcim8r- :

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.

Customer:

Yes I'm afraid so. :The risk is with the employee in these circumstances.

JACUSTOMER-smjcim8r- :

so what does contract mean?

JACUSTOMER-smjcim8r- :

only restricts people who's looking for jobs?

JACUSTOMER-smjcim8r- :

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.

Customer:

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.

Customer:

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.

JACUSTOMER-smjcim8r- :

as my last question, if they are really in such a strong position, why they don't want to state what really is?

JACUSTOMER-smjcim8r- :

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

Customer:

I can't answer as to what their motives are I'm afraid as I do not profess to know what their thinking was.

JACUSTOMER-smjcim8r- :

and it is something i can not accept really

JACUSTOMER-smjcim8r- :

ok.

Customer:

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.

JACUSTOMER-smjcim8r- :

thank you

Customer:

No problem I am sorry I have not given you a positive response to your question.

JACUSTOMER-smjcim8r- :

ok, no problem. thanks for your time

Customer:

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.

Customer:

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?

Customer:

Hi I would like to help you with this if I can?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice