New employer reneging on new job - have left old job

E

elainem

Registered User
Messages
611
Hi!

I was interviewed in early Sept for new job. I had my medical in early October. The medical was fine, except they could not get bloods from me - bad veins - and my G.P. had to do the requisite blood tests and forward the results, which were fine, to my new employer.

Last week, I emailed my new employer to ask if it was all okay to start in 2nd week of October, e.g. Garda Clearance etc. They said they had lost my Garda Clearance Application Form, along with copies of my passport and driving licence, which they had requested. Although, they had initially interviewed me in early September, and this was now end of October, they still had not contacted my referees, though I am due to start there in 2nd week in November.

Today, then got a call from medical assessment company - assessment was 1st week in October - to say that employer was now not happy that I had been off with stress for 3 months 2 years ago in previous job - had caseload of 70 per month instead of 28, the allotted number for my Grade. I clearly disclosed on the form that I had been off for this time with stress and stated why. Now my employer says the medical assessment company have just informed him of this, and he is not happy to employ me given I was off with stress 2 years ago, though for a very valid reason.

I am due to start new job next week, and have finished in old job. Can employer legally do this - he had over 6 weeks to get back to medical assessment. Where do I stand. I signed an employment contract for new job on 17th October. Worried!!
 
Unfortunately for you in this case, yes, they are perfectly entitled to withdraw the offer.

I'm assuming here that the job offer was made subject to a medical that this was also covered in a contract of employment and both parties agreed to its terms.
 
Last edited:
Gosh Elainem, sorry to hear this. What a horrible thing to happen :(.
It just doesn't seem right than an employer can discriminate against someone like this for a valid illness.
 
But presumably the medical is just to check that the OP is *currently* fit and healthy, why would a prior issue from 2 years ago be an issue and thus invalidate a signed contract?

Does that then mean that anyone with prior medical issues could also lose job offers because of this? If so then that's really bad practice !
 
As an employer, I would probably not employ someone who had been off for three months due to stress.

There are plenty of people who have not been off due to stress - why should I take the risk?

Brendan
 
Should never hand notice in for old job until you have signed contract from new job where all the "subject to" items have been confirmed to be dealt with e.g. references/medical/clearances etc.
 
JoeRoberts said:
Should never hand notice in for old job until you have signed contract from new job where all the "subject to" items have been confirmed to be dealt with e.g. references/medical/clearances etc.
Click to expand...

That can be difficult to achieve in all circumstances though, some employers will withdraw offers if you look to prolong the process too much.
 
I am NOT an expert but am very surprised by this and feel very sorry for you . I would definitely look into possible discrimination as mugsgame says above
 
no_moolah said:
But presumably the medical is just to check that the OP is *currently* fit and healthy
Click to expand...
I'd expect a medical assessment to consider a person's risk factors for future health problems, at least those factors which aren't clearly ruled out by anti-discrimination law.
 
See here for some guidance on disability as covered under employment legislation. Note that even if a condition identified is covered under the discrimination legislation, an employer can argue that hiring such a person would constitute a disproportionate burden. For example, small companies could easily argue they do not have the financial resources to absorb extended periods of absence where larger companies will struggle to make such a case.
 
You must log in or register to reply here.
Back
Top