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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50746
Experience:  Qualified Solicitor
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My son was offered a 6 month contract in beginning of may as

Customer Question

Hello - my son was offered a 6 month contract in beginning of may as a program coordinator.But he has been messed about by this company. Unfortunately the security team didn't accept his reference for the missing gaps in employment saying that they needed to be on letter headed paper. He has jumbed through hoops and eventually managed to get references on letter headed paper from his accountant to cover the recent gap and another one for the gap 2 yrs ago by a company that trained him in project management. In both cases the reference wasn't from the list of preferred referees but the bank point blank refused saying they wouldn't know that he was actively looking for employment. They would have accepted a reference from an educational institute or a regilious institute - but he didn't know anyone.
Anyway on one side they are so stringent about the gap year references.. . The team he would have worked for...they have had him working on hotmail... finding hotel rooms and confirming number of participants, sending a 60 page PowerPoint outlining the project he would be working on.. and until Monday they had said he would need to be in the Netherlands next week to attend the event that he helped arrange. Yesterday they have confirmed that they cannot accept the references and have retracted the offer. I am fuming as I think this is absolutely abysmal in the way they have treated him... I know contractors are not considered in the same say as full time staff but surely they cant treat people like this. Poor guy is now back to square one and will need to start looking for another role.. do u think this is correct?
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 17 days ago.

Was the offer conditional on these references?

Customer: replied 17 days ago.
it would be. But they had my son working in the meantime. Surely that is not write.
Customer: replied 17 days ago.
I don't understand how this site works. I have already paid £36. Can someone advise please?
Expert:  Ben Jones replied 17 days ago.

Hi there, sorry I was in court by the time you had replied. Just to clarify your last query – you have already paid for a written response, the offer you would have received subsequently was for a phone call, which is charged extra, but you are entirely free to just ignore that and continue in writing on here.

Going back to your query, whilst I agree that this is morally wrong, sadly from a legal point of view they have not really acted unlawfully, at least not to a degree that would allow him to take it any further.

The job he was offered would have been conditional on references so if he has failed to meet the required criteria on providing the necessary references, they can easily retract the offer and not proceed with it. Whilst he was asked to work in the meantime, as he is a contractor (and even if he was an employee with less than 2 years service), he would not be protected against unfair dismissal. So they can quite easily (and legally) terminate his employment by giving him any contractual notice he was due and they can always rely on the fact he had not met the conditions required for the job.

Therefore, unfortunately, he will not really have any legal rights in this situation and whilst I do agree he has not be treated right, this is all a moral argument, not a legal one.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Expert:  Ben Jones replied 16 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 15 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks