Employment Law advice - help!

[ben andrews' girlfriend]

A good friend of mine went for an interview for her first nursing post a few weeks back, and afterwards, she was sent a conditional employment letter, she filled this in and sent it back, and turned down 2 other job offers and one interview for another post.

The other day, she recieved a letter saying that there was a new admin person, and they had sent my friend an acceptance letter wrongly, and she should have been sent a rejection letter, so therefore there isn't a job there for her.

Apart from being really gutted, she's understandably rather angry about this. What are her rights? Does a job offer sent wrongly still legally count as a job offer? Most of the newly qualified posts around the country have now closed, so it may well be a lot more difficult for her to get a job now.

Any helps?

 

[strings]

Does she have proof that she turned down 2 other job offers?

From my limited knowledge of employment law (I was a trustee of a charity that made an unholy amount of personnell f**k ups for two painful years) there is not much that can be done. Someone is not really safe in their job until they have been there for a year - i.e. they could be made redundant with no pay-out and have their contract terminated with little reason. So I therefore cannot see how somebody can have rights before they start in a post.

I'm not sure whether your friend could sue for loss of earnings - I'll leave that to the NSC legal seagulls.

 

[beorhthelm]

I'll ask the HR missus, but i dont think theres anything you can do until you sign a contract of employment and even then they usually allow instant severence (from either side) in the probation period.

 

[pishhead]

I think the key part is that it was "conditional" terrible for your friend and the explanation that it was a new person in admin seems a touch strange.

 

[bhaexpress]

She should satrt with her local CAB as something rather similar happened to a relative of mine (it was a nursing role). She threatened them with legal action and got three months slary. Mind you she had resigned from her old job and that might have been the difference. Your friend should also write to the Health Care Trust about this as it's morally wrong.

 

[clapham_gull]

A good friend of mine went for an interview for her first nursing post a few weeks back, and afterwards, she was sent a conditional employment letter, she filled this in and sent it back, and turned down 2 other job offers and one interview for another post.

The other day, she recieved a letter saying that there was a new admin person, and they had sent my friend an acceptance letter wrongly, and she should have been sent a rejection letter, so therefore there isn't a job there for her.

Apart from being really gutted, she's understandably rather angry about this. What are her rights? Does a job offer sent wrongly still legally count as a job offer? Most of the newly qualified posts around the country have now closed, so it may well be a lot more difficult for her to get a job now.

Any helps?

Probably nothing, but I wouldn't waste the opportunity to write a polite letter to someone as high up as possible at the place - explaining the situation that she turned down two other jobs.

Keep it polite and you never know that person may be feeling generous.

Waste of time getting legal advice, they'll simply find another reason not to employ her.

 

[Normal Rob]

Probably nothing, but I wouldn't waste the opportunity to write a polite letter to someone as high up as possible at the place - explaining that she turned down two other jobs.

Keep it polite and you never know that person may be feeling generous.

A long shot - but good advice none-the-less.

 

[seagullpie]

Nothing she can do I'm afraid. She shouldn't have turned down the job offers until the contract of employment had been signed and the job become "unconditional".

I second the writing to someone high up in the organisation setting out the circumstances, saying how much she was looking forward to the new role and how dissapointed she was in receiving the current letter. Then politely asking if there is anything they can do.

 

[bhaexpress]

Waste of time getting legal advice, they'll simply find another reason not to employ her.

CAB won't cost anything and at the end of the day as she has turned down other employment she may have a case.

 

[Commander]

Sorry, but as a Recruitment Consultant I can tell you that she has no chance. Frustrating as it is, mistakes like this happen, especially in the Public Sector. Nothing she can do.

 

[seagulls4ever]

Look in the yellow pages for legal firms offering free 30-min interviews in which they can decide whether your friend has a case or not.

 

[bhaexpress]

Sorry, but as a Recruitment Consultant I can tell you that she has no chance. Frustrating as it is, mistakes like this happen, especially in the Public Sector. Nothing she can do.

Don't start me off ! She should at least contact the CAB. As a recruitment consultant you're not really up on employee law, just more into not upsetting your clients so sod the people you try to place.

 

[severnside gull]

She could always try applying for an admin post...by rights there should be one going!

 

[strings]

She could always try applying for an admin post...by rights there should be one going!

I know if I made a f*** up on that scale in my current role (still in my probation - only started 6 weeks ago), I would probably be off!

 

[Publius Ovidius]

Don't start me off ! She should at least contact the CAB. As a recruitment consultant you're not really up on employee law, just more into not upsetting your clients so sod the people you try to place.

37 pages and the threat of shagging someones mother!!!

Pringles anyone?

 

[element]

Not an easy mistake to make I would have thought and I thought you had to be a graduate these days to get an Admin post?

Oh look. I've answered my own question...

 

[bhaexpress]

37 pages and the threat of shagging someones mother!!!

Pringles anyone?

Don't be a prat Dave, I have stood up for them in the past which if you were a little more observant you'd have noticed however this time I am right. No recruitment consultant would stand up for a candidate before a client and you know that very few have any knowledge of employment law.

 

[bhaexpress]

Not an easy mistake to make I would have thought and I thought you had to be a graduate these days to get an Admin post?

Oh look. I've answered my own question...

Mistake it may have been (of course it might not have been) but why should BAG's mate, the innocent party, be expected to be out of pocket ?

 

[Wardy]

We always make conditional offers to people while we take up references etc. I have never known anyone to then be turned down. If the letter said that she was successful subject to references then she may have a case, since they are not the reason she was turned down. However all she will be entitled to is a sum equal to the notice period she would have been entitled to which I would guess is one months money.

 

[Lord Bracknell]

I fear that the most she is entitled to is an apology.