Legalities of Job offer

MagicMarker

Hello all, I'm just curious if the following situation were to arise, what can be done, if anything?

A person goes to a job interview on day 1, is successful and is offered a 2 year fixed contract on day 2 via email. However, before employment commences he/she must provide the following.

• 2 written references
• Copy of Passport or Birth Cert
• Copy of Leaving Cert
• Complete medical questionnaire

Now, all information is provided by day 5 via email. (scanned documents). A response is sent later on day 5 saying that the documentation received regarding the leaving certificate results is not acceptable and another form should be sent. The response is not read until day 7, whereby the person manages to find original documentation and send in response on the same day, day 7.

Employer responds to this in saying that they can no longer offer the position as the person involved only did maths foundation level at leaving certificate. And they do not accept this.

To clarify, the ad for the position does not state that maths should have been completed at ordinary level or above. The only thing it would mention is that ''minimun 5 passes is required''. And at no stage during the 7 days was there a mention of this stipulation. The candidate has the minimum required based on what the ad says. Also, please remember that the employer has the results by day 5, but does not mention the stipulation knowing that the candidate is not going to be successful.

So, if this situation was to occur. What come back does the candidate have. The candidate is unemployed at this time and feels his/her time has been wasted.

Gobán Saor

Unfortunately, I don't see any legal remedy available. There would not appear to be any concluded contract so breach of contract doesn't arise. Nor are there any suitable statutory remedies. (Unless you could make out a case that the denial of a job was due to one of the specified grounds in the Employment Equality Act ie, gender, race, religion, nationality, disability, marital status, family status, sexual orientation, traveller - but this doesn't seem to be the case here)

Put it down to experience and move on, I think. Sorry not to be more useful but thats the way it is.

mountainyman

Had the OP left a job to take this one and then been refused might promissory reliance come into play?

MM

johnnyskeleton

If the employee accepted the offer then there might be a valid contract - depending on how precise the terms of the offer were.

dermot_sheehan

Promissery estoppel is a defence and can't be an independent cause of action.

The question is whether having the requisite grade in maths was a condition precedent for the contract. Whether this was or not depends on whether it was an oral or written term of the contract or whether the term was implied due to custom in the industry.

If it was held not to be a condition precedent, then the next issue is whether the employee has given consideration to make the contract enforecable. The party seeking to enforce must have given something of value, the employee must show that in this case.



If the requirement was an unsual one then the party seeking to rely on it must have brought it to the other party's attention.

MagicMarker

Would people think it's best in a situation like this to put your dissatisfaction in writing and forward on to the HR Manager or someone even higher?