Employment issue

Hertz32

I applied for a job over a month ago along with a friend, they called my friend a week later and said we both had the job during the same phone call. (I was present at the time, they talked to us both on the same phone and offered the job verbally to us both on the spot) 

A couple days later the friend gets another call asking for them to go in for training whereas I've received nothing. 

My mate has now been working there for a month and they haven't contacted me at all in that time. I even went to the store with my friend and made it VERY clear that I still wanted the job and it's been two weeks since then and I've still heard nothing despite having been in store to see them and having met the manager who knows I completed my CBT (Which I would require to work there) off my own back whilst I was waiting for them to offer me work. 

I'm seriously starting to annoyed as I declined another offer of work (better paid) after being told I had the first job. 

Thing is, I KNOW they need me as they are desperately short of people right now and I need the cash. I just physically can't not be in work anymore as I arranged my commitments around a job offer that was never followed up on. 
I had to miss a holiday so that I could complete my CBT, so that I could work there and they haven't followed through. 

Not sure what the purpose of this thread is, just need to get this off my chest as I would like the cost of the cancelled plans reimbursed, but know I have no legal grounds on which to do it... 

TL;DR - was told I had a job somewhere, then declined a job offer somewhere else, heard nothing since. 

Hertz32

This seems to apply, but I haven't been told that the offer has been withdrawn. 

If you are offered a job and the offer is then withdrawn

If an employer has offered you a job but then changes their mind and withdraws the offer, whether you can take any action will depend on whether the job offer was made subject to any conditions.

If the job offer was subject to conditions, for example, the employer needed to take up references or you were required to have a medical, and these were unsatisfactory, you will not be able to make a claim against the employer for any compensation. This is because there was never any contract of employment. There was only a conditional offer of a job and the conditions have not been met.

If the job offer was unconditional, which is unusual, you may be able to claim compensation in the employment tribunal or the county court (Court of Session in Scotland) for breach of contract. This is a breach of contract because you were offered the job with no conditions, you accepted the offer and then the offer was withdrawn. Although the job has not started, it has been decided that once a job has been offered and the offer has been accepted, there is a contract of employment. If the employer then withdraws the job offer, this will be dismissal and a breach of contract. If you have given up another job because you were offered the new job, you can also claim compensation based on what you were earning in your previous job and on how long it would have taken you to find another job had you left that job to find another one.

If an employer withdraws a conditional job offer even though all the conditions were met, you may also be able to claim compensation in the same way.

If you think that the job offer has been withdrawn because of discrimination, you could consider making a discrimination claim to an employment tribunal. You would first need to investigate the circumstances around why you were not given the job, to see if the reason was really discriminatory or not.

Alnico

As far as i'm aware a verbal offer can be retracted at a moments notice, but i could easily be wrong.
I'm good at that !
Was this offer written?

Also when you say CBT, what job is it for? Do you mean Compulsory Basic Training as in the Motorcycle Licence? Is the job at a Bike Training School?

Hertz32

Alnico said:

As far as i'm aware a verbal offer can be retracted at a moments notice, but i could easily be wrong.
I'm good at that !
Was this offer written?

Also when you say CBT, what job is it for? Do you mean Compulsory Basic Training as in the Motorcycle Licence? Is the job at a Bike Training School?

Offer was not written, but was accepted over the phone on the basis of standardised conditions and I have a witness to the agreement. 

It's for a job as a Delivery rider on a scooter, so I definitely need the bike training! 
The offer of employment was unconditional, and I completed the CBT in good faith as I know it to be a requirement of the job and they would have provided the training if I didn't already have it. They were dragging their feet about sorting it themselves, so I did my CBT myself. 

Another issue could be that they honour the verbal agreement, but do not provide me with work as it would be a zero hours contract. In which case I have been employed this whole time without work. 

Hertz32

So far it would seem that a verbal contract of employment is legally binding, though it can be difficult to prove. I have a witness and action based evidence for the verbal contract so I should be safe. 

dindude

Honestly, let it go, chalk it down to experience, spend your time seeking a new job.
it will be a massive distraction with no reliable outcome, and if they were to somehow employ you now, the relationship is already fractured.
No good will come of it IMO.

Iamnobody

It all sounds highly unprofessional to me.

Why did you apply with a friend? 

And why did they ring your friend and not you?

Go back in and speak to the manager look him in the eye and ask him if he's honouring the job offer.

If he says no ask for some clarification why then ask for details for the company's complaints procedure. Ping one email off and see what happens...

stickyfiddle

dindude said:

Honestly, let it go, chalk it down to experience, spend your time seeking a new job.
it will be a massive distraction with no reliable outcome, and if they were to somehow employ you now, the relationship is already fractured.
No good will come of it IMO.

Honestly, this. It's a job with a clearly shitty manager. There must be other places with similar openings?

EricTheWeary

If we interview sometimes people are appoint-able but there isn't a vacancy for them right now so they get offered a post if one comes up within six months. Sounds like a cruder version of this, except maybe badly explained ie he was saying you were suitable but not actually promising immediate work? Or he was offering immediate work and being a complete idiot then. In which case you are probably better off elsewhere. 

WezV

Did they know they were phoning both of you when they called your mate?

did they specifically ask to speak to you?

lloyd

What's been said above, fuck them off and chalk it down-you're better off not working for them You have your CBT, which I think you wanted to do anyway. Delivery driver on scooter cannot be that hard a job to get or find the next opening-virtually every takeaway are constantly hiring and you can pick work up with Deliveroo/Jinn if you live within civilization at nay time.

digitalscream

Finer points of law notwithstanding (eg verbal contracts etc), I was always advised not to treat any offer as solid until both sides have signed a written contract, and to make it clear to my prospective employers that while I appreciate the verbal offer, I'll continue to look for work until I get one.

Not that this helps now, but it's worth considering as an approach in future (ie don't turn down other offers if you haven't got a signed written contract in place).

Hertz32

WezV said:

Did they know they were phoning both of you when they called your mate?

did they specifically ask to speak to you?

They had tried to call me before my mate, and had gotten my number wrong so I corrected it when they called. 
They had been trying to contact me for a couple days

Bucket

Alnico said:

Also when you say CBT, what job is it for? Do you mean Compulsory Basic Training as in the Motorcycle Licence? 

Cock and Ball Torture isn't it?

Also, I agree with dindude. You'd be better off finding somewhere else.

Paul_C

I did some agency work for a national Car and Van Hire business a couple of years ago and the boss offered me a full time job when one of their regular drivers retired. When the date was due I heard nothing and then found out they'd taken someone else on.
I got asked to do a couple of days agency work for them and asked him about the job and he said " you're still on the list"

 I never heard any more about it.

Ro_S

I was thinking cock-and-ball-torture, too.

I wondered what job required that.

blueskunk

If it ain't in writing fuck em. Move on. You will find something better