Employer trying to withdraw/delay contract.
Discussion
So, a month ago I started work for an new company.
In the run up to receiving a final offer of employment I was sent several conditional contracts, which slowly morphed in to the unconditional "You're in" letter and associated contract which clearly states "All pre-employment checks are now completed satisfactorily"
Fast forward four weeks and I've now been emailed by HR (the idle f
kers couldn't even be bothered to break this face to face) saying that the final offer was a mistake, as some of my employment history is still "under review" and that a final decision regarding my employment is pending.
I don't expect it to go pear-shaped and have nothing to hide nor have hidden anything but I just need to get everything lined up.
I resigned my previous job (obviously) based on their offer, and the best HR can come up with is "The final offer was sent in error and we have apologised for this".
In the run up to receiving a final offer of employment I was sent several conditional contracts, which slowly morphed in to the unconditional "You're in" letter and associated contract which clearly states "All pre-employment checks are now completed satisfactorily"
Fast forward four weeks and I've now been emailed by HR (the idle f
kers couldn't even be bothered to break this face to face) saying that the final offer was a mistake, as some of my employment history is still "under review" and that a final decision regarding my employment is pending.I don't expect it to go pear-shaped and have nothing to hide nor have hidden anything but I just need to get everything lined up.
I resigned my previous job (obviously) based on their offer, and the best HR can come up with is "The final offer was sent in error and we have apologised for this".
Edited by anonymous-user on Friday 19th August 14:02
Yes, although the current situation is that I could go in any day and be told to go home.
Possibly of relevance, all the conditional offers stated quite clearly that existing employment shouldn't be resigned until a final offer was in place.
Based on that advice, I made it clear I wouldn't be able to make their suggested start date (which was non-negotiable due to it being a professional training course).
Amazingly, the final offer turned up less than 24hours later thus "releasing" me from my existing job.
Possibly of relevance, all the conditional offers stated quite clearly that existing employment shouldn't be resigned until a final offer was in place.
Based on that advice, I made it clear I wouldn't be able to make their suggested start date (which was non-negotiable due to it being a professional training course).
Amazingly, the final offer turned up less than 24hours later thus "releasing" me from my existing job.
Edited by anonymous-user on Friday 19th August 14:07
OK.
Under normal circumstances you have very little protection for the first couple of years anyway.
It's a stty situation but you will still have your statutory rights.
Not a great start, but it's difficult to advise whether banging on the table or taking the softly-softly approach is the way forward without knowing the personalities involved.
Under normal circumstances you have very little protection for the first couple of years anyway.
It's a s
tty situation but you will still have your statutory rights.Not a great start, but it's difficult to advise whether banging on the table or taking the softly-softly approach is the way forward without knowing the personalities involved.
Foliage said:
So to summarise,
They sent you a final offer, you accepted.
You resigned from your old job and served your notice
You Started on the required start date and are working for them
How long ago was your start date?
Yes and yes.They sent you a final offer, you accepted.
You resigned from your old job and served your notice
You Started on the required start date and are working for them
How long ago was your start date?
Yes, and I didn't serve me entire notice. I asked a favour of my then-manager to let me go early as new employer wanted me to start on a specific date but didn't give me a final offer until well within the 28-day notice period I'd advised them of.
Yes, and yes.
Monday is the beginning of Week 4
I suspect that during your first 3 months, 6 months or whatever you are "on probation" and only get a week's notice anyway, so realistically I wouldn't worry too much as even if you had a fully signed and agreed contract it would give you barely any more protection.
They have, if I remember correctly, three months to issue written terms and conditions (might be called something different, I am not a lawyer) after your start.
Either way, it's not really worth bothering about in my opinion - HR a law unto themselves and if they wanted to get rid of you they could do so regardless.
They have, if I remember correctly, three months to issue written terms and conditions (might be called something different, I am not a lawyer) after your start.
Either way, it's not really worth bothering about in my opinion - HR a law unto themselves and if they wanted to get rid of you they could do so regardless.
^ As the OP shows, you do not have any guarantees or security just because you are an employee.
So cut out the BS and just work contract, then it is understood by both parties that nobody has any loyalty or obligation whatsoever to each other, other than what is stated in the contract. Plus you will get paid more.
So cut out the BS and just work contract, then it is understood by both parties that nobody has any loyalty or obligation whatsoever to each other, other than what is stated in the contract. Plus you will get paid more.
I dont think 'going contract' is thedefinitive answer to this one. It might be, it might not. The easier solution is for the employer to put a proper contract in place, though you could probably argue that if you're turning up each day and they're giving you work to do, it's just a moving bits of paper round problem.
The problem is always going to be though, if they send you home tomorrow because they had to withdraw their offer, there's not much difference between that and them just saying 'it's not working out, bye' because you're still out on your ear with a weeks pay. You are getting paid though, right?
The problem is always going to be though, if they send you home tomorrow because they had to withdraw their offer, there's not much difference between that and them just saying 'it's not working out, bye' because you're still out on your ear with a weeks pay. You are getting paid though, right?
Crossflow Kid said:
I'll let you know on Friday.
Firstly, tricky situation. Have you been attending the offices and working there, or at home waiting for them to confirm a formal start date ?
Your start date was four weeks ago is that correct ?
In your offer letter, is there any notice period for termination/ probation etc ?
Sending formal offers is not done lightly, so to have sent one in error seems amazing to me, (I have issued over 500 contracts of employment) (yes I work in HR)
Who in the company are you in touch with, a line manager ? I think you need to escalate to whoever interviewed you ?
andy-xr said:
I dont think 'going contract' is thedefinitive answer to this one.
Working as a contractor is rarely the answer to a particular problem with your regular salaried employment contract, in this case that whatever internal procedures the company had were not followed. It's a general solution to all the palaver associated with salaried employment.
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