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Can job offers be revoked?

  • 23-06-2011 1:11pm
    #1
    dienbienphu
    Closed Accounts Posts: 297 ✭✭


    Can job offers be revoked?


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    dienbienphu wrote: »
    Can job offers be revoked?


    Yes. However, there would want to be a good reason for revoking a job offer.

    Very often, a job offer would be for example, subject to passing a medical. If you fail to pass the medical, it could be revoked, etc.


  • #3
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    i know a guy who applied for a security job. the guy was waiting for his licence to be renewd when he sat the interview. the manager offered him a job and said once he got the licence he could start. when he got the licence they revoked the job offer and said all positions has been filled.


  • #4
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    dienbienphu wrote: »
    i know a guy who applied for a security job. the guy was waiting for his licence to be renewd when he sat the interview. the manager offered him a job and said once he got the licence he could start. when he got the licence they revoked the job offer and said all positions has been filled.


    How long was he waiting for his license? Would it have been unreasonable for them to hold the job open for him?

    Theoretically and this would not be legal advice, I would have thought that for him to have any feasible cause of action, the withdrawal would have to be discriminatory under one of the 9 grounds in equality legislation i.e. it was withdrawn for ereasons of gender, sexual orientation, ethnicity, age, marital status, etc.

    I don't think that you could argue that a contract was completed in the circumstances and I presume nothing was signed...


  • #5
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    the employer said that once the guy had his licence renewed he could begin his training with the employer before he started work.

    at which point does an employment offer become accepted? when the person starts work or when he verbally agrees at that time.

    surely if the guy acted on this promise of employment and accepted it, the employer must be estopped from withdrawing the offer since he relied on the promise or am i getting it wrong?


  • #6
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    dienbienphu wrote: »
    the employer said that once the guy had his licence renewed he could begin his training with the employer before he started work.

    at which point does an employment offer become accepted? when the person starts work or when he verbally agrees at that time.

    surely if the guy acted on this promise of employment and accepted it, the employer must be estopped from withdrawing the offer since he relied on the promise or am i getting it wrong?

    Any offer is accepted once a communication of acceptance is made, afaik


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  • #7
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    is there a legal agreement here?


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    dienbienphu wrote: »
    the employer said that once the guy had his licence renewed he could begin his training with the employer before he started work.

    at which point does an employment offer become accepted? when the person starts work or when he verbally agrees at that time.

    surely if the guy acted on this promise of employment and accepted it, the employer must be estopped from withdrawing the offer since he relied on the promise or am i getting it wrong?

    Surely if the person is a security guard he needs a licence anyway. Did he suffer any loss because of the withdrawl?


  • #9
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    dienbienphu wrote: »
    the employer said that once the guy had his licence renewed he could begin his training with the employer before he started work.

    at which point does an employment offer become accepted? when the person starts work or when he verbally agrees at that time.

    surely if the guy acted on this promise of employment and accepted it, the employer must be estopped from withdrawing the offer since he relied on the promise or am i getting it wrong?

    Estoppel only comes into it if he acted to his detriment on the basis of the promise. Applying for a renewal of a license that he needs for any security job could hardly be said to be acting to his detriment.


  • #10
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    Seanbeag1 wrote: »
    Surely if the person is a security guard he needs a licence anyway. Did he suffer any loss because of the withdrawl?

    ya stress and trauma


  • #11
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    dienbienphu wrote: »
    ya stress and trauma

    Seriously?


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  • #12
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    dienbienphu wrote: »
    ya stress and trauma

    Slightly far fetched, has he got a licensed medical professional that will back these claims up? Because if not, forget it. More reasonable to go for loss of earnings etc.


  • #13
    fencedin
    Closed Accounts Posts: 39 ✭fencedin


    Seanbeag1 wrote: »
    Surely if the person is a security guard he needs a licence anyway. Did he suffer any loss because of the withdrawl?
    wouldd he not have financial loss? and would he not have had to have a licence before applying for a job in security?


  • #14
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    fencedin wrote: »
    would he not have had to have a licence before applying for a job in security?


    the employer was aware that he had only applied for a licence and went ahead and offered him the job regardless even though his licence application was still pending. surely the employer sacrificed that defence by having knowledge of that fact.


  • #15
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    dienbienphu wrote: »
    the employer was aware that he had only applied for a licence and went ahead and offered him the job regardless even though his licence application was still pending. surely the employer sacrificed that defence by having knowledge of that fact.


    It does not matter. There would be no contract concluded here as the offer was withdrawn prior to fulfilling the preliminary condition related to acceptance. The only cause of action would be if one could show that the job offer was withdrawn based on one of the 9 grounds of discrimination in the Employment Equality Acts which does not seem to be the case here.


  • #16
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    blueythebear wrote: »
    It does not matter. There would be no contract concluded here as the offer was withdrawn prior to fulfilling the preliminary condition related to acceptance. The only cause of action would be if one could show that the job offer was withdrawn based on one of the 9 grounds of discrimination in the Employment Equality Acts which does not seem to be the case here.

    By the 'preliminary condition' I assume you mean the guy getting his license. The job was offered and accepted, and the conditions fulfilled. The offer was withdrawn after he got his security license. I think there might be a case here. I'm willing to bet your friend won't be bothered enough to sue though.


  • #17
    dienbienphu
    Closed Accounts Posts: 297 ✭✭dienbienphu


    Kora Many Water wrote: »
    By the 'preliminary condition' I assume you mean the guy getting his license. The job was offered and accepted, and the conditions fulfilled. The offer was withdrawn after he got his security license. I think there might be a case here. I'm willing to bet your friend won't be bothered enough to sue though.

    i doubht he would have the money to see a solicitor.
    the thing that annoys him the most is that he took up residence in the area he thought he would begin work which cost him 300 euro for a deposit and 300 euro for a months rent not to mention expences.

    i dont accept that the condition of acceptance was having a licence since the conditions of acceptance had changed since the employer became aware that his licence application was pending. having a licence was no longer a condition of acceptance once the job was offered to him.


  • #18
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    dienbienphu wrote: »
    i doubht he would have the money to see a solicitor.
    the thing that annoys him the most is that he took up residence in the area he thought he would begin work which cost him 300 euro for a deposit and 300 euro for a months rent not to mention expences.

    i dont accept that the condition of acceptance was having a licence since the conditions of acceptance had changed since the employer became aware that his licence application was pending. having a licence was no longer a condition of acceptance once the job was offered to him.

    Maybe give one a ring? In my experience most solicitors have no problem chatting on the phone for 5 minutes and basically telling you if you have a case or not. Remember if he wins, the other side usually pays for his legal costs too...


  • #19
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Kora Many Water wrote: »
    Maybe give one a ring? In my experience most solicitors have no problem chatting on the phone for 5 minutes and basically telling you if you have a case or not. Remember if he wins, the other side usually pays for his legal costs too...



    In terms of employment law, legal costs are generally not awarded unless you go through the courts. Rights Commissioners, Employment Appeals Tribunal and Equality Authroity do not grant legal costs even if you are successful.


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