Urgent advice required, Please help

[republique]

The problem was I agree but that is something if you look at something wrong that was not my problem. They looked throughout the world with my name that too the email which was sent to to me says that it is the first name only which matches and nothing else like date of birth or address.

The offer was contingent on them being satisfied you passed the criminal check. it is not contingent on them being accurate regarding the criminal check.
you have no case and the attorney is wasting your money otherwise
and frankly if you have to sue an employer to hire you, what kind of work environment do you think you are creating for yourself. It is a no winner no matter how you look at it.

[republique]

Also what about that they wanted me to apply again say if I was not a clear record why they wanted me to apply again. To be hones I never understood that why they were saying me to apply again. I think if I would have applied they would have straight forward reject me without short listinng and then would have said later that we got candidates with much better experience than you.

I appreciate your comments.

So what they wanted you to apply again
an offer is made at a particular point, that part was done and over with
saying apply again is simply being polite, it doesnt mean anything.

people who are your so called friends do it all the time
You know me if I could help I would
If I take them up on it, then all of sudden they can't help
It doesnt mean anything.

[netacct]

and frankly if you have to sue an employer to hire you, what kind of work environment do you think you are creating for yourself. It is a no winner no matter how you look at it.

This is a valid point and I was thinking about it as well.

[myjobprobs1]

Regarding working for them that is a big NO now, I can't work for them now after all this. Yes I was ready to work for them till I gave them all the proof that it is not me who has this record. But not now.

[netacct]

Did you try contacting Employment Tribunal or Citizen Advice Bureau for free advice rather than wasting money on Lawyer?

[republique]

Thanks a lot for your response. Lets us see, I got a bit afraid when republique said that there is no case at all.

There is no case. I don't know why net thinks there is a breach.
NO breach, it was contingent upon a satisfactory criminal check
they were not satisfied, sorry, no case.


How much more of your time and now money since you want to sue do you want to waste on this?

[myjobprobs1]

I did contact the Citizens Advice Bureau and also ACAS and both suggested that this a breach of contract and I should sue them but I didn't wanted to do that and wanted to the job. But now as they have completely closed the case saying they have no more vacancy that is why I agreed to sue them. But I didn't went to Employment Tribunal as we are still waiting for there response. It is not necessary that I will go to civil court I may go to Employment Tribunal.

The main thing what I want from them is to agree that yes I don't have criminal record. They have given the same information to the agency which was representing me with them. If tomorrow there is any new opening through this agency will they consider my CV, never. Also I had lot of financial loss becuase I waited for around six weeks and also moved to new city for this job.

[republique]

I did contact the Citizens Advice Bureau and also ACAS and both suggested that this a breach of contract and I should sue them but I didn't wanted to do that and wanted to the job. But now as they have completely closed the case saying they have no more vacancy that is why I agreed to sue them. But I didn't went to Employment Tribunal as we are still waiting for there response. It is not necessary that I will go to civil court I may go to Employment Tribunal.

The main thing what I want from them is to agree that yes I don't have criminal record. They have given the same information to the agency which was representing me with them. If tomorrow there is any new opening through this agency will they consider my CV, never. Also I had lot of financial loss becuase I waited for around six weeks and also moved to new city for this job.

Your financial woes are your fault. You shouldn't have quit your job until your were clearly working in the new job.
I dont see the point of getting them to admit you have no criminal record.
They don't have to admit anything, they used external objective evidence. They are saying they didnt know if it was you or not. As to your agency, you need to sit down with them and get it cleared up with them so that you don't run into this problem again with future potential jobs.
You are focusing on the wrong issue.
I dont know about this Tribunal but if it doesn't cost too much, then it is ok to maybe pay you off to just get rid of you but I wouldn't hold my breathe on it.
You are wasting too much of your life. How long have you been unemployed with this nonsense.
Move on. The best revenge is to live well.
If you are not working, or being distracted with a lawsuit, how well can you focus on finding a job, then how can you show them that they lost out on a great resource.
Anyway cheers I don't have anything else to say
I just think it is foolhardy to pursue this legally through a lawyer when the case is so weak, worse than weak, it would just line the pockets of the solicitor. I don't see the point.
Peace OUT

[myjobprobs1]

Thanks a lot for all your comments.

I am working, I wasted only my six weeks as my last boss approached me and said if I want I can come back. I agreed initially for 4 weeks after taking permission from them and now then got extension for another around 5 months. That way I am not sitting and wasting any more time for waiting this. With terms of employment tribunal it is not going to cost me anything. Also I did spoke to agency and the first question was what did the company said, why. I do agree regarding my fault to leave my last job but it was like I was given a start date and everything was looking fine.

[netacct]

Sometimes the fight is not for money but for pride.
We can not always necessarily put ourselves into someone else shoes and understand the situation.

Its really important that the employer admit their mistake, come clean etc..not just for the OP but to make sure that other wont face similar problem.

[myjobprobs1]

Netacct you are absolutely right. It is not the fight for money. As per my lawyer I can only get notice period pay or at the most my waiting period also. But the thing is I am clean and I want them to accept that. I tried my best my submitting all the required documents but still they didn't acknowledge the same, that is the main reason why I have to either go to employment tribunal or civil court.

[SallyA]

I really hope that you get somewhere even if it is just fior them to admit they dealt with this in the completely wrong manner as this is completely unfair and anyone would hate to be accused of doing something they haven't done!

Good Luck and Im glad you have your old job back

[myjobprobs1]

Thanks a lot for your encouragment. Hope I will get justice at the end.

[gujalls]

Eagerly watching this topic to know what will happen next

Suspense is killing

Cheers
Gujalls