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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor
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The agency kept saying a start date shortly but then the

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The agency kept saying a start date shortly but then the company took back recruitment in house they did not have a position immediately available or would have given me it. Then they try and say although they would have done this and the position at that point had change slightly I cannot see any changes in the description given for the role. They then said when they had positions despite offering a year ago that I had to have another assessment for the role as it supposedly had changed. I cannot see any change and surely they could just given me the extra training that the new people are having now and the updated training if a position had come up when it was still the agency the updated training. This could be a major factor as well I recently got disagnosed with aspergers and autism which I informed them after being offered another assessment for the role, in the interview and role play the interviewer did not seem aware and was suprised when i mentioned this as an answer to major adaption and why. It did not help I was unable to give any feedback after the interview before leaving the assessment to explain why some things like group exercise I had not quite done what I should and the role play no clock to see the time to complete and person was not facing me or any actual phone with head phones which was twice as hard due to my auditory processing.

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?

Customer: replied 15 days ago.
Hi where do I stand legally and should they have in effect widthdrawn the job offer the agency had made on their recommendation I was suitable? Should I not have been given a contract when a job came up directly with the employer?
Customer: replied 15 days ago.
How do I find out what reasonable adjustments should have been made at the interview stage it didnt help the assessment was different from the original one.

Hi there, sorry I was offline by the time you had replied. Your rights will initially depend on whether the offer was conditional on anything or not. If it was not, then its withdrawal could amount to a breach of contract.

In terms of your medical condition, if it meets the criteria for a disability, you will have extra protection. What reasonable adjustments could have been implemented will very much depend on your needs and what would have reduced any disadvantage you were in because of your condition.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:
• making adjustments to work premises
• allocating some of the employee’s duties to others
• transferring the employee to fill an existing suitable vacancy
• acquiring or modifying specialist equipment
• providing supervision or other support

In terms of where you can take this next, it would either have to be a breach of contract claim if an unconditional job offer was withdrawn, or a disability discrimination claim if you had a disability and we treated detrimentally because of it, or they failed to make any reasonable adjustments.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to take if you were to claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 14 days ago.
Hello thank you so where do I got from here please? My main aim if possible is to get the company to realise they had put extra unecessary pressure and stress on me which then in turn alongside lack of understanding and adjustments in the assessment meant I have had an email saying unsuccessful, however they had said in interview it would be a phone call and feedback again this seems wrong and caused more distress. Can we prove the breech of contract and that they should correct this by now offering me a place on the training course for the job? I have got the emails confirming things and also the twitter conversation saying sorry that they did not expect me to have such a bad experience and would get the head of recruitment to contact me a few months ago.I am unsure how to prove no adjustments such as extra time as my so called support worker falied to contact the company beofre the interview but I did make the main person Katria Evans fully aware.I would really love a job with this company rather than having to say sue for breech of contract and get no job. I also realise now I should have sought some lgal advice when last September they said no position available and had to reapply months later.I appreciate your time with this matter. This is not any bribe or anything honestly if you do get me the position I should have had and the extra training then I would happily pay you dsomething for your assistance. I am currently on benefits hence why I can't afford the live chat.Many thanks again Lindsay
Customer: replied 14 days ago.
HelloThank you for your application and assessment centre into our BT at Manpower team.Manpower have now ceased supporting recruitment of permanent roles into BT and therefore have passed your application onto this new BT Team.This is one of the emails from BT sent to me prior to ka***** ***** saying i had to re-apply as role had supposedly changed, however she did say if a role had been available then she would have given me the role even though it has supposedly changed.On Tuesday, 9 May 2017, 14:47, Natasha Paley <*****@******.***> wrote:Hello,We would like to thank you for being patient with us whilst we await a start date for your role with BT.We will be giving you a call as soon as we have something confirmed.We are excited for you to start with us!Kind regardsNatashaBT RecruitmentThe above is another email sent on 9th May about the job.
Customer: replied 14 days ago.
Hello Lindsay,I have sent out these details to you now so you are able to log in and complete the assessments.We do not have any start dates as of yet so when we do get something available I can call you to see if this is suitable, if not we will be able to keep you on our system until a time best suited for yourself.We currently do not offer unpaid work experience, however you would be given a month of training and then go into a transitioning period to ensure that you will be comfortable in the role before you start.When a start date is confirmed we will then be sending out your formal offer, from this email you will be able to follow a link to apply for your DBS check. We will then request any other information we require such as right to work documents and references following this.Kind regardsAmyBT RecruitmentThis email is what was sent 28 March asking me to complete the different online test following the face to face assessments.
Customer: replied 14 days ago.
Hello Lindsay,Thank you for getting in touch, we apologise for the lack of contact.We are looking to discuss a position with you.Please call us at a time best suited to yourself on***********Kind regardsAmyBT RecruitmentThis email was sent on the 22 February.
Customer: replied 14 days ago.
Hello I thought the copies of the email might help and as you can see its a verbal offer and seems to be to me very intendtional of the job the same as if you were to do an assessment and pass it today you would get an offer subject only to the usual references etc after the written contract sent out.
Customer: replied 14 days ago.
Hello AmyI have had some details through last week about the role I assume from description it maybe anything from billing queries to technical queries.I still have not had the email to do the online tests again.I would need to postpone any start date due to my ongoing group therapy so as previously discussed I have a contract already for pgl adventure could I do this contract and then start later in the year with BT. I am not looking at returning to pgl after this contract I would have to should I need to give pgl 4 weeks notice.I did wonder whether BT would be happy for me to do some unpaid work experience job shadowing to give me more of a feel for the role and a head start when I do training I would be covered under Shaw Trust liability insurance if that helps. I am unable to commit to training until at least mid May due to my therapy. I can of course provide copy of my treatment plan and a letter from the health team or my doctor should BT wish.I am keen to do the role and I am also thinking it may be a good idea to get the ball rolling with references and any background checks there was a mention at assessment of dbs checks.Thank you LindsayThis was my email on 28th February 2017 as you can see the other email above are all from 2017, a rather long waiting period with several we hope to have a start date for you shortly. To me start date implies the actual start and I have an offer of the help desk role.
Customer: replied 14 days ago.
Hello,We would like to thank you for being patient with us whilst we await a start date for your role with BT.We will be giving you a call as soon as we have something confirmed.We are excited for you to start with us!Kind regardsNatashaBT Recruitment
I then had several emails like this back and for as was keen to start and needed to give my employer PGL Adventure 4 weeks notice. The email relates to 9th May 2017.

You cannot force them to take you on or offer you training and whilst you can ask that, only they can decide whether to do it.

If you were to make a claim against them then the likelihood is that any chances you had of working for them will disappear as they will unlikely want to employ someone who has claimed against them. So you have to think about how far you want to take this, knowing that a claim will probably mean the end of your involvement with them. The issue though, is that you cannot force them to offer you a job and it is either accepting the situation as it is and hopefully getting something, or making a claim and risking not working for them

Customer: replied 14 days ago.
Ok thank you so would it be initially worth me sending an email asking for interview and assessment feedback and mentioning the fact the job had already been verybally offered awaiting a start date and therefore a contract had exisited so would they consider that fact and give me the chance to show I am capable. Is it then also worth stating well technically they are in breech of the contract awaiting the start date and if I had been offered the job before the issues arose in September then I would have already been in the role now and given the relvant training?

At this stage I think a more diplomatic approach would be best and what you have proposed is reasonable – do not go in too heavy on them with threats, etc and remind them of the situation and what you were promised and ask them to simply honour this or treat you fairly. Do not hesitate to mention the disability and how it could be potential discrimination, but just do not threaten legal action yet

Customer: replied 14 days ago.
Ok thanks again for the advice. Can you please type me a sort out what I should put in an email and should it also mention I am concerned and have consulted my solicitor to see whether BT should have given me a contract when the new jobs were advertised. How does the fact they say the role has evolved fit into it as it is still the exact same job title being advertised now?I am keen to try and get somewhere with a job offer.
Customer: replied 14 days ago.
Is the company more likely to take notice and be concerned of any repercussions as it is a large company BT? I also wonder whether to try and send a copy of an email to the head of recruitment as well. Thanks

we are just a Q&A service, we do not draft letters, etc unfortunately

If they say it has evolved, yet it is the same role, just point out the facts to them and make it clear that this is not the case based on the information they have provided. I really cannot say how they will handle it, but they do have a reputation to keep so that may have an impact

Customer: replied 14 days ago.
Ok thats a shame you cannot do any sort of letter on here for me to then use which may help to get the job role. Another thing I wonder is it worth also speaking to my local MP highlighting the issues? If BT still would not take any action towards giving me the role then how would I go about contacting yourself directly to see about the leagl breech of contract issue or can I contact you directly for a draft letter or actual letter from my you to them?
Customer: replied 14 days ago.
Hi there would appreciate some advice and help. I applied firstly for customer services Swansea didnt even get an interivew so then tried for the flexi sales role got through the assessment day and was informed by Manpower Recruitment that I didnt have enough experience in sales for the role but they were very impressed with my general work attitude and the fact I put sorting out the customers problem before trying to sell anything. I was given more online tests they needed for the customer help desk role.
lindsay cloadThe problem now is the agency Manpower kept saying they wanted to have a start date for me shortly for several months. Then I had a phone call saying BT was taking back over recruitment and they still had no roles. I was told to keep an eye out and call if anything came up. I saw customer services advertised recently and I rang up several times got answer machine so sent an email but still heard nothing. I went to a jobs fair in Swansea and the person there said she would pass on my details and to expect a call or email but still nothing. Where do I stand as I had already gone through the whole recruitment process and was told by Manpower that it was people from BT themselves at the Swansea Office who were impressed and keen to offer me a role. Somebody at the recruitment jobs stand from BT said I originally applied via an agency so would need to reapply but surely I should not have to do everything again, after all if a role had come up sooner I would have had a job. I had been waiting for an offer for several months since the assessment. It seems unfair you recently advertised and took people in that role without even considering myself or returning my email.
lindsay cloadAlso I am thinking part of the reason I did not get the flexi role is due to my asking what happens if you did not manage to hit the targets and how long was training as I had struggled slightly through lack of support in the past. However I have since been diagnosed with Aspergers and a slower processing speed which maybe why I just need some reasonable adjustments with extra inital training and slightly lower initial targets.
lindsay cloadI am still extremely keen and serious about a career with BT as I love speaking to customers on the phone and working as part of a team. Would BT also seriously consider unpaid job shadowing or work placements for people with disabilities I understand fully data protection and happy to sign something to confirm this. I had already listened into calls during the recruitment assessment. Many thanks again I hope to hear from you shortly. Lindsay
BT CareersHi Lindsay, sorry to hear about all of this - it's definitely not the kind of experience we would expect you to have had with us and Manpower. I'll get in touch with the head of the recruitment team for our contact centres so he can look into this and come back to you directly. Can you send me through your contact details and I'll share them with him so he or someone in the team can come back to you? Thanks, Becky
Mar 23
lindsay cloadHi Becky many thanks for you reply. My full name is***** and my email address is***@******.*** and telephone number is *****
BT CareersThanks Lindsay, I've passed it on to the recruitment manager. He's on annual leave today so I'd expect someone to get in touch with you next week when he's back. If you don't hear back please do get in touch and we'll chase up for you. Thanks,
Mar 23
lindsay cloadOk thats great thanks you for your help hopefully it will lead to me getting the help desk position.
lindsay cload

Contacting your MP could help but they cannot do much else than just contact BT on your behalf and ask them to reconsider. If you wanted to actually make a claim then you can come back on here so I can discuss the next steps

Customer: replied 14 days ago.
The above is also from my twitter conversations earlier in the year with BT would you suggest this is where the head of recruitment team for contact centres he should and failed to contact me? The only contact I had was from katrina who recruits for Swansea and Cardiff not a manager who said i had to reapply for the same role.
Customer: replied 14 days ago.
Ok I might try the MP. Can you realistically see BT admitting the made mistakes and giving me the job role? If not then what sort of money are we talking about for breech of contract which then may even make them reconsider if I get nowhere with a job offer?

it is impossible to say whether they will change their mind and do anything to fix this - it depends on the people who make the decisions int he company and as humans, you simply cannot predict what they would do. In terms of breach of contract it is unlikely to be much, remember they could have employed you as promised and then legally dismissed you straight away by giving you any contractual notice period you were due, so it will likely be the notice period pay

Customer: replied 14 days ago.
Ok thank you for that if I do not get anywhere then I would ceetainly look further into breech of contract and take out the legal action as it may stop them doing this to somebody else. Will keep you updated. Lindsay

Thank you, ***** ***** luck for now

Customer: replied 14 days ago.
Thanks

no worries