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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was the offer specifically conditional on you producing those certificates?
ok let me get my response ready please
Your rights will be rather limited in case I’m afraid. First of all your offer of employment was conditional on you producing the required certificates, which you failed to do. Regardless of the reasons for not being able to provide what they required of you, they have the right to be picky and expect the specific documents they had asked for. If they are not happy they could have withdrawn your offer because it was still conditional, it was not guaranteed.
Even if you had been offered the job, there is no guarantee you would have remained in it because in the first 2 years of your employment you are not protected against unfair dismissal. This means you could be dismissed quite easily (and legally) simply by being given your contractual notice period, or in the absence of one – just a week’s notice. So even if you try and claim for breach of contract due to their withdrawal of the offer, your compensation would not be much because you would have only been entitled to a short notice period from them.
As to any other future opportunities that you could try for, employers have the right to choose who they employ and can make such decisions based on a wide range of factors. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision.
The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over who it employs, even if it this generally appears to be unfair.
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? Thanks
Yes that is possible. Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR).
If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:
The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days.
Particular care must be taken by the data controller not to disclose any non-relevant personal data (i.e. data that belongs to another individual) or other confidential information. Therefore, when responding to your request, they may remove data or be selective in what they supply, so long as this is justifiable. In addition, there is certain data that is exempt from discourse and that includes personal data held for personal, family or household affairs, confidential references given by the data controller for employment and personal data subject to legal privilege.
the DPA also says that data must be accurate and up to date so you can rely on that if it does not satisfy these conditions
Sorry, it's the Data Protection Act, as mentioned above - the law that deals with your rights n personal data held about you
You are welcome, all the best