New employment but job/pay description not as offered.
Discussion
I'm not entirely sure whether this can be progressed or not and I am not sure how to proceed. I am hoping someone on here can at least give me some pointers on what, if anything can be done.
The story:
Mrs Derventio has been working as a Senior Team Leader in a care home for at least the past 5 years. She has worked her you know what off getting all the relevant certificates and qualifications to enable her to fulfill this role. This has been no mean feat on her part considering her dyslexia.
She was recently contacted by another care home offering her an equivalent role with a not insignificant wage rise attached and better benefits.
After very careful consideration, she spoke to the care home she was working at, explaining the situation. She didn't really want to leave but the extra wages and a closer proximity to home were a big draw. The management at this home met, but could not offer her any additional pay.
Like anyone else in this predicament would probably do, she accepted the offer of employment by the new home, at the higher rate of pay and in an equivalent role. As is usually the case in this sort of business, the contract was offered verbally and she was given a start date.
She then resigned her position at the original home.
However. On day one at her new job, the employer has told her that the original job has been withdrawn and she will be in a much lower position of carer, and will be payed the much lower wage that a carer usually earns. Despite Mrs Derventio only accepting the job offer on its original pay and terms.
She has basically been dumped right back at the start of her career in both position and pay!
Is there anything that can be done, or, despite it completely boiling my piss and taking a sledge hammer to my wifes self confidence, is she stuck?
I really haven't a clue if anything can be done but maybe someone can advise me on what direction my wife can turn.
The story:
Mrs Derventio has been working as a Senior Team Leader in a care home for at least the past 5 years. She has worked her you know what off getting all the relevant certificates and qualifications to enable her to fulfill this role. This has been no mean feat on her part considering her dyslexia.
She was recently contacted by another care home offering her an equivalent role with a not insignificant wage rise attached and better benefits.
After very careful consideration, she spoke to the care home she was working at, explaining the situation. She didn't really want to leave but the extra wages and a closer proximity to home were a big draw. The management at this home met, but could not offer her any additional pay.
Like anyone else in this predicament would probably do, she accepted the offer of employment by the new home, at the higher rate of pay and in an equivalent role. As is usually the case in this sort of business, the contract was offered verbally and she was given a start date.
She then resigned her position at the original home.
However. On day one at her new job, the employer has told her that the original job has been withdrawn and she will be in a much lower position of carer, and will be payed the much lower wage that a carer usually earns. Despite Mrs Derventio only accepting the job offer on its original pay and terms.
She has basically been dumped right back at the start of her career in both position and pay!
Is there anything that can be done, or, despite it completely boiling my piss and taking a sledge hammer to my wifes self confidence, is she stuck?
I really haven't a clue if anything can be done but maybe someone can advise me on what direction my wife can turn.
I cannot offer legal or employment advice, but I learned early in my career not to resign until that employment new contract is in your hands.
In my case I had a verbal offer, the company decided to restructure with no new hires - I had resigned in the meantime.
I rang my contact there to explain how unreasonable this was and in the end it was sorted - but it was a bit scary in the meantime.
Sorry to hear about what your O/H is going through. Can she ring the hiring manager to put some moral pressure on?
Or call her old employer and say on reflection she’d like to go back - I wouldn’t want to move to a company happy to pull that kind of thing.
In my case I had a verbal offer, the company decided to restructure with no new hires - I had resigned in the meantime.
I rang my contact there to explain how unreasonable this was and in the end it was sorted - but it was a bit scary in the meantime.
Sorry to hear about what your O/H is going through. Can she ring the hiring manager to put some moral pressure on?
Or call her old employer and say on reflection she’d like to go back - I wouldn’t want to move to a company happy to pull that kind of thing.
Starting with the obvious, has she contacted her previous employer to see if they can take her back? It sounds as though her departure was on good terms?
Failing that, is she able to have a frank conversation with somebody senior at the new carehome, explaining the situation and asking whether they may be able to offer something a little better? If they insist that they will only offer the lower position, my personal feeling would be that I wouldn't set foot in the place again, even if that meant returning to the original employer in a lower position. And then of course, get sending out CVs and speculative letters!
Failing that, is she able to have a frank conversation with somebody senior at the new carehome, explaining the situation and asking whether they may be able to offer something a little better? If they insist that they will only offer the lower position, my personal feeling would be that I wouldn't set foot in the place again, even if that meant returning to the original employer in a lower position. And then of course, get sending out CVs and speculative letters!
As per above, the contract should have been in writing before handing in her notice, best option is speak to her previous employer and see what they can do for her. She is in a weak negotiating position but don't ask don't get applies. I think being honest and admitting you made a mistake although not an easy thing to admit does help get a better response from the previous employer.
My personal view would be to tell the new company to stuff their job as they have basically been dishonest in their dealings with her and do not deserve the benefit of her skills, knowledge, etc but circumstances maybe difficult.
My personal view would be to tell the new company to stuff their job as they have basically been dishonest in their dealings with her and do not deserve the benefit of her skills, knowledge, etc but circumstances maybe difficult.
Edited by anonymous-user on Wednesday 1st December 16:40
zedx19 said:
Before I've left any job, I've waited until my new employer has issued me, as a bare minimum, salary, benefits and hours in writing. Has your mrs left her job without anything in writing from the new employer?
Yes, this. I wouldn't resign until I had a written contract with the new employer...zedx19 said:
Before I've left any job, I've waited until my new employer has issued me, as a bare minimum, salary, benefits and hours in writing. Has your mrs left her job without anything in writing from the new employer?
Unfortunately, in her line of work, it is extremely rare to get a written contract at all. When you boil it down, she has been employed under false pretenses.She did not hand in her resignation until all the certificates, DBS checks, bank details etc had all been done by the new employer and a she was actually given a start date and uniform.
gottans said:
Are the T&C's despite being different from the verbally agreeds one better than the previous employer?
No. she will be on lower pay and in a much lower ranked position. She will actually be in a much lower position than the Senior at the new home, despite the fact that Mrs Derventio actually trained her up in another home!Absolutely nothing to offer here, other than a verbal contract is still a contract; it's just proving it. What is the new place's attitude? Are they fronting out and denying offering her the position, or just saying it's no longer available? If the latter maybe there's some mileage in a free half hour with an employment lawyer? If the former I'd call them out as a bunch of lying shysters - either way I would not take the position.
Definitely approach the previous employer and be honest - they may not have found a replacement and be happy to re-employ her...
Definitely approach the previous employer and be honest - they may not have found a replacement and be happy to re-employ her...
NiceCupOfTea said:
Absolutely nothing to offer here, other than a verbal contract is still a contract; it's just proving it. What is the new place's attitude? Are they fronting out and denying offering her the position, or just saying it's no longer available? If the latter maybe there's some mileage in a free half hour with an employment lawyer? If the former I'd call them out as a bunch of lying shysters - either way I would not take the position.
Definitely approach the previous employer and be honest - they may not have found a replacement and be happy to re-employ her...
Agreed, I'd definitely approach previous employer about it. No way I'd work for the new one, ever.Definitely approach the previous employer and be honest - they may not have found a replacement and be happy to re-employ her...
bigandclever said:
Not helpful at all, but I find that hard to believe.
Really?Have you worked in the Care industry? This sort of thing is rife. Despite working in care for 30 years, Mrs Derventio has had to fight tooth and nail every time just to get her hours in writing.
She and some previous colleagues have already had to go to court because a care home she was working at was actually paying below legal minimum wages. the Home owner immediately filed for bankruptcy and the former employees got nothing.
trust me, from significant experience, the care home industry in this country is, what's the term.....Dodgy as f^ck!
Unfortunately, Mrs Derventio really loves the job, otherwise she would be leaving the industry altogether.
I get that some industries/roles don't offer contracts - that's not that unusual.
But you're saying that she left her previous role without a written offer of a new job that had her role and salary within it? That is standard whatever the job.
She basically left a job on a handshake of another one?
She could have turned up at the new place and they denied all knowledge of her!
If this is what has occurred, I'm afraid she has very little recourse unless someone else in the company (HR) takes on her case, unless she has some kind of evidence as to what role she applied for, was interviewed for and/or accepted?
But you're saying that she left her previous role without a written offer of a new job that had her role and salary within it? That is standard whatever the job.
She basically left a job on a handshake of another one?
She could have turned up at the new place and they denied all knowledge of her!
If this is what has occurred, I'm afraid she has very little recourse unless someone else in the company (HR) takes on her case, unless she has some kind of evidence as to what role she applied for, was interviewed for and/or accepted?
NiceCupOfTea said:
Absolutely nothing to offer here, other than a verbal contract is still a contract; it's just proving it. What is the new place's attitude? Are they fronting out and denying offering her the position, or just saying it's no longer available? If the latter maybe there's some mileage in a free half hour with an employment lawyer? If the former I'd call them out as a bunch of lying shysters - either way I would not take the position.
Definitely approach the previous employer and be honest - they may not have found a replacement and be happy to re-employ her...
They have told her the job is no longer available and she has been hired as a carer, not a Senior Team Leader which was the job she was actually hired for.Definitely approach the previous employer and be honest - they may not have found a replacement and be happy to re-employ her...
The previous employer has already filled all of her shifts up to the end of the year and can only offer her what is called "bank" shifts. Basically, she would be temp, filling in for holidays and sickness cover. Unfortunately, this would mean a very significant monthly wage cut.
Muzzer79 said:
I get that some industries/roles don't offer contracts - that's not that unusual.
But you're saying that she left her previous role without a written offer of a new job that had her role and salary within it? That is standard whatever the job.
She basically left a job on a handshake of another one?
She could have turned up at the new place and they denied all knowledge of her!
If this is what has occurred, I'm afraid she has very little recourse unless someone else in the company (HR) takes on her case, unless she has some kind of evidence as to what role she applied for, was interviewed for and/or accepted?
Unfortunately,despite what should be done, this is common practice in the care industry. The only thing she has in writing is a copy of the request to he old employer, from the new employer stating that they the role was being offered was Senior team leader.But you're saying that she left her previous role without a written offer of a new job that had her role and salary within it? That is standard whatever the job.
She basically left a job on a handshake of another one?
She could have turned up at the new place and they denied all knowledge of her!
If this is what has occurred, I'm afraid she has very little recourse unless someone else in the company (HR) takes on her case, unless she has some kind of evidence as to what role she applied for, was interviewed for and/or accepted?
bigandclever said:
Derventio said:
Unfortunately, in her line of work, it is extremely rare to get a written contract at all.
Not helpful at all, but I find that hard to believe.Derventio said:
bigandclever said:
Not helpful at all, but I find that hard to believe.
Really?Have you worked in the Care industry? This sort of thing is rife. Despite working in care for 30 years, Mrs Derventio has had to fight tooth and nail every time just to get her hours in writing.
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