- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Was it a govt organisation or a private sector company?. When you had the offer letter, was there anything mentioned about the offer is subjective to background checks or Security Clearance ?.myjobprobs1 wrote:Hi All,
I was working as a contractor and got a new job as a permanent. I didn't accept the extension and went to home for holidays so that I can join on time to my new employer.
I came on the said date and was told that I can't join as the verification checks aren't complete because they had forgotten to take signature from me, which will allow them to get information required for verification checks. I was told to sign the document so that they can finish. I did the same and was waiting waiting since 12/01 till today, when I got a call from the PM saying that we are sorry it took lot of time. I said it is OK, but then can the real news. He said that they had done some world criminal check and that came positive for me and then they did other extended checks but none showed 100% that the person in the check isn't me. So based on this we can't offer you.
Let me tell you that in my life till now I have never ever any police case or court case registered against me. Can I file a legal case against them.
Please suggest what to do. As I had left my last job becasue of this offer and also moved to new city.
Well I wouldn't have waited for 2 months for them to get their act together. In any case, go get a credit report and like another poster said asked what checks they did and get them done for yourself to see what is in your profile.myjobprobs1 wrote:...world criminal check and that came positive for me and then they did other extended checks but none showed 100% that the person in the check isn't me. So based on this we can't offer you.
Please suggest what to do. As I had left my last job becasue of this offer and also moved to new city.
I am surprised that the attorney is on board with those two causes of action as there was no contract to breach and it clearly had nothing to do with race.myjobprobs1 wrote:As promised to those who tried to help me in this post that I will keep you updated what is going on. Here is the update.
I got the PCC(Police Clearance Certificate) from Indian High Commission and then one more certificate from the local police authorities where from I am and then submitted both to the company. I was told that they will look into them and will inform me. Got a letter on Monday saying that they had received my proof but they didn't mention that they are satisfied that I amn't invloved in any wrong doings. Rather mentioned in response to my last letter that they haven't breached(which I am sure they have) the code for Data proctection act. Then the letter also mentions that after the offer was withdrawn they had decided not to fill this opening due to some business change(another lie as they were earlier saying me to apply again) and because of that can't proceed with my application.
In the meantime I have approaced a lawyer who had sent them a letter on Tuesday and we are waiting for the response to that letter. I have decided to sue them for breach of contract and also discrimination on the basis of race.
the offer was pending the criminal check.myjobprobs1 wrote:What happens if an employer withdraws a job offer?
If the offer's withdrawn before you have a chance to accept, or because you haven't met the conditions (for example, providing a 'satisfactory' reference), you can't take any action, unless it has been withdrawn for reasons of unlawful discrimination.
However, once you have accepted an unconditional offer, and the prospective employer withdraws it, you can claim for compensation for breach of contract.
Source: http://www.direct.gov.uk/en/Employment/ ... G_10026703
In my case it is the second case as the offer was accepted and also I have met all the conditions.
Regarding race it is because what if say someone with a common name is applying for a job from UK in Austalia someone like James/Steven. These names are so common that you can find any James or Steven in any database but doesn't mean every James or Steven is treated as a criminal. Also keeping in mind where the activity has happened it is thousand kilometers from the place where the person was living. Because the person who has done the criminal activity and I have same country doesn't mean they can treat everyone with that name from India as a criminal that too after getting confirmation from my employer, police and high commission. What else will you say to this, it is discrimination on the basis of race. If I would have been someone from UK itself with no Indian name then definitely they would not have treated me like this.