legal advice

Discussion in 'The Afterlife - Resettlement and Jobs' started by exchieftiffy, May 24, 2008.

Welcome to the Navy Net aka Rum Ration

The UK's largest and busiest UNofficial RN website.

The heart of the site is the forum area, including:

  1. Hi there folks was wondering if anyone out there can help me??

    Left the mob last Oct after 24 years and landed a job which i hated but paid the bills. Stuck at it for 6 months before being offered what i thought was my dream job. Got sent a contract of employment which i signed and sent back to them. At this point I left the job which I hated as the new employer told me that they wanted me to start imminently. I then waited for 8 weeks whilst they carried out background checks/medicals etc and their HR services passed me from piller to post. Finally after 8 weeks they phoned me and said that due to business reasons they were withdrawing the offer of work (even though a week earlier they had still been asking me about a preferred start date). This has left me skint, disillusioned and jobless.

    I am now waiting for an official letter from them setting out the reasons why they have cancelled the job and hopefully a compensation settlement. Needless to say I feel very disappointed and bitter about the whole affair. I feel that morally they should pay for a minimum of 8 weeks wages not to mention travel to and from interviews/medicals etc plus the time it's going to take until I find a new job.

    Has anyone out there been treated in a similarly shoddy way and if so how did you resolve it? Does anyone know if I can get free legal advice through the British Legion/ White Ensign Assoc etc? (Did phone and leave a message but with it being a bank holiday weekend won't get any joy till Tues at the earliest!) Any help or advice would be gratefully received
  2. Looks like you got the shitty end of the stick mate. I have no idea how the law stands on this perhaps others on here will advise you on that, but one thing does stand out.
    You signed a contract of employment, therefore it is my humble opinion that you should be well re-embursed as they appear to have broken it.
    I wish you luck.
  3. Try a visit to your local CAB (Citizens advice bureau) there is normally a branch in most large towns. their advice is free and they seem to be fairly knowledgeable.
  4. I don't want to be the bearer of bad news, but most job offers are conditional on certain criteria being met, references etc, which includes returning a signed contract of employment. On receipt of all of these, and when HR get their sh*t in 1 sock, they then send out a letter of confirmation. If the company had sent you a letter of confirmation I think you'd be in a stronger position. However - I'm not legally qualified so do get some proper advice.
  5. Go onto the Law Society website, click on 'find a solicitor' - and search for firms in your area who do employment advice. Many firms do a free half hour. You may qualify for legal aid if you're not earning anything/no savings/on benefits etc

    As regards your case, you need to be very specific with regard to the circumstances which led you to believe you were going to start imminently etc - eg did he say 'start on monday' or was it still a bit up in the air? Also, did you not have to work a notice period of say, four weeks with your employer at the time? Definitely try the CAB if not a lawyer, and act quickly whilst the events are fresh in your mind. Also, thinking about it, I think there's a network of lawyers called 'Forces Law' - - try these guys first. There's a helpline number. Good luck.

  6. At that point a contract existed, and you can bring a claim for breach of contract.
    You should contact the employment appeal tribunal

    In that contract should have been how much notice you would have had to give and how much notice they would have to give you.
    How much notice they would have to give you is the least amount of compensation you can expect.

    If they had to give you one months notice then you can claim one months wages and should also ask for compensation to equal the lost wages between when you gave notice and they decided they didn't want you.
  7. I'd just like to say thanks to everyone for your fast and helpful responses I shall update you with my progress.

    This help and support is what has been missing from my experiences in civvy street so far!!!!!!!!!!!
  8. My own experience of obtaining and working in civvy conditions are that
    a contract of work is supplied as an example for you to check as correct.
    It isn't normally sent out untill you are given a start date to attend at the place of work.For it to be effective you must have recieved a returned copy with the employers signature ----and a commencing date for it to come into effect.
    During the first three months you are classed as probationary and during that time the employer can if need be deem you as unsuitable or possibly find things wrong and can dismiss you as unsuitable.

    Were you given a start date ????
    Did you actually arrive at the work place ?? Did you work or attend the work place.
    If you didn't then you have been fooled into a false sense of job offer
    conditions.The contract was a specimen copy and from what you say the
    prospective employer continued doing background checks prior to giving a start date .

    After 24 years at least you have your RN pension as a back up for
    income .

    Hope you do get another job soon

    :nemo: :nemo:
  9. Sorry to hear about that exchieftiffy.

    I take it you are not a member of a trade union, but if you are contact them.
  10. Surely a Specimen Contract would have the very
    words "Specimen Contract" stamped across it?

    Loopholes are Loopholes. Explore every avenue
    and use it all....'cos they sure bloody will.

    Good Luck to you. BNM
  11. No one here is qualified to comment as we have not read the contract.

    Anything else is speculation.

    Although thinking about this, you may have cause for action under the Doctrine of Promissory Estoppel - where you rely on a promise to your detriment and there are some damages. However, employment law is, like all areas of the law, complex.

    Find an employment specialist - if you are in Portsmouth I can help (find you one, not give you specialist advise!). PM me if you wish.
  12. It is not speculation - it is 'breach of contract' and covered by the employment tribunal. The regulations changed sometime ago.
    Just contact them and don't pay inflated fees for solicitors.
  13. Have you seen the contract NotMeChief? No?

    Then it is speculation.

    As for inflated prices, pay peanuts get monkeys.

  14. I would say Greenie is more correct than most. It is not unusual to receive a contract of a proposed position of work. At an interview you would be advised of the course of procedures that would be taken. Once all this was finished and finalised, then a contract of work with a start date. This is how it was for me at a school I was the Site Manager for. I nearly packed in my previous job when I received the first contract letter.

    I gave my previous job notice to quit, with further notice that this may be altered as required. I was informed adjustments of pay would be settled as necessary.

    I still think you have the right to seek further advise for your own peace of mined. It sounds to me that you were not aware of teh procedures, and not informed of them either. Some thing should rise from this.

    Regards, Chris
  15. Depends on what the contract said. It may well have had conditions attached and potentially the associated offer letter would have an anticipated start date. As RC points out, without sight of the contract anything said is speculation. I would agrre that it's the kind of thing that an industrial tribunal would express a judgement on, if you can find someone prepared to represent it. However in general the contract isn't sealed until the start date, both parties can withdraw from the contract before that date without a requirement for notice.

    On the other hand, it may be that the contract didn't have any caveats, but the HR team that did that wouldn't be all that effective ;)
  16. Sorry to hear about your problem Exchieftiff, sounds like a huge HR feck up to me.

    To apply to an Employment Tribunal I think you have to have a period of actual employment with an employer. The time period used to be 2 years full time employment at least but this may have been reduced since my time in HR to 1 year. Even if it is judged by someone that you were actually employed by your prospective employer you would not qualify for a Tribunal hearing because of the short time of your employment.

    As Rosie says without seeing the actual document it is impossible to say if a contract did exist between you and your prospective employer. Sounds to me that if you have a case against them it will be in the Civil Law arena and a specialist lawer is the answer. Many solicitors will not charge for the initial interveiw so give it a shot. Nothing ventured, nothing gained.

    Whatever action you choose to take I hope you have good luck.

  17. Why are you all talking shit.

    That is a contract of employment full stop.

    Neither the employer nor the employee can recind it. To get out of the offer the employer would have to give you the required notice even if you haven't started the job and vice versa.

    I do know what I am talking about. Unless the op has not told it exactly like it is, then he can sue for the lost wages under a breach of contract through an industrial tribunal.

Share This Page