Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. did you receive a contract of employment
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. If the employer had concealed the true facts of your job or had built it up to be something which it certainly is not, then that could amount to potential misrepresentation. This is a type of negligence/breach of contract, which could allow you to seek legal action against them and to recover compensation if necessary. In order to sue for damages, you must have suffered damages as a result of the employer’s misrepresentation. These damages could be in the form of expenses associated with relocating for the job or losses incurred as a result of turning down another job to accept this one.
However, before you go down the route of legal action, you need to consider whether you are able to show that misrepresentation had actually occurred, which would require you to satisfy most of the following:
So before you go down the legal route try to resolve this issue directly with the employer – discuss the matter with them, raise your concerns, remind them of what was promised and what was actually delivered, try to seek a resolution internally rather than involving the courts. However, if this appears to not be resolvable in that way and you are adamant that you cannot continue working there as a result and are confident you can meet the above criteria, then you could consider the legal route.
If I resign because the job is not what it was "sold" to me as, and I have no job to go to, does that count as suffering damages ?
Basically the job is genuinely soul destroying.
i.e. is NOT something I would have agreed to do and is causing misery.
Also, I was interviewed by eight people. Who is "the employer" here, wrt your bullet points ?
yes, although you are the one who has decided to resign, you were left with no other option. You cannot make a claim for constructive dismissal in this case because you do not have the required service with the employer but this can count as damages. However, you have a duty to minimise your losses as soon as possible, meaning looking for a new job straight away. Depending on how lucky you are in getting one, it would affect the losses you could seek to claim
the employer is the company
I understand the last point you make, but do interviewers represent the company in this case ?
It was interviewers who made statements of fact etc.
What I'm getting at is that these people who spoke to me and misrepresented may themselves not have known what they were promised. Is the employer (company) still liable then ?
Sorry- "what they were promising" I meant to say.
I guess they are "agents of the company" certainly as far as I was concerned they were.
yes the employees would be agents of the company and it is still the company that has the final responsibility
it is called vicarious liability
Thanks. I believe I would have a case but agree with your advice on trying to resolve with the employer - always good to have a few legal words in your back pocket ! :-).
You are welcome!