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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68263
Experience:  Qualified Solicitor
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I was offered a job and told to resign from my current job

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I was offered a job and told to resign from my current job then the offer was withdrawn, now I’m jobless
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes I discussed it with HR but they said I didn’t pass reference check
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a registered Nurse and no I don’t belong to a union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: They the Trust gave me the job offer on 23/10/19 and I handed in my resignation on 29/10/19 (2 months notice). On 20/12/19 they withdrew their offer. I have been jobless since 29/12/19.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What was the issue with your reference check and what would you like to ask about this please?

Customer: replied 6 months ago.
My reference checked showed that I took 5 sick days and the Trust said they will not accept that
Customer: replied 6 months ago.
Now I am jobless
Customer: replied 6 months ago.
Are they allowed to do this?

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 6 months ago.
No response?

Many thanks for your patience. Can I just check if the offer was made conditional on anything specific?

Hello, I am not sure if you saw my query above: was the offer was made conditional on anything specific?

Customer: replied 6 months ago.
Sorry for the late response
Customer: replied 6 months ago.
Congratulations on being offered the band 5 job.
I am very pleased to inform you that following your successful interview we would like to extend a job offer (pending satisfactory clearance).Please respond to this email to confirm your acceptance and we issue and start the recruitment process for you.
Customer: replied 6 months ago.
That’s what the job offer said

Did they mention at any stage what the 'successful clearance' was?

Customer: replied 6 months ago.
They did my DBS check and I went through Occupational Health checks.
Customer: replied 6 months ago.
No they didn’t

Ok thanks. Whilst they can try and argue that for some reason you did not get satisfactory clearance, it all sounds quite ambiguous and uncertain, What is this clearance specifically, what does it include, what factors do they take into account and so on. One would argue that a clearance would not ordinarily include your past absence record.

In any event, the only thing you can do now is to pursue them for breach of contract, with the breach being that to not go ahead with the offer you had previously accepted. That would be done by making a claim for compensation, which would include some loss of earnings for a limited period of time.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 6 months ago.
this does help. I have tried to contact the company to discuss their reasons for the withdrawal and also to send it in writing but they have refused.
Customer: replied 6 months ago.
I have no written correspondence from them informing me to resign my job, it was verbal.

The lack of anything in writing will not affect your rights and in the end your own verbal evidence is still valid evidence, just as much as anything in writing. Does this clarify things a bit more for you?

Customer: replied 6 months ago.
it does clarify things more

All the best.

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