No job offer made to create personal grievance claim of unjustified dismissal…

The Employment Relations Authority has dismissed a man’s personal grievance claim of unjustified dismissal because it decided he was never actually employed by the employer. 

The man met with the employer for a job interview. The man stated that he was given a verbal job offer at the end of the interview. The man followed up on this offer one week later, and the employer said that they were getting approval for him to enter a required training course. 

The man later texted the employer requesting information about the progress of his job application. He undertook the training course himself before providing his certificate to the employer. 

Almost one month after the interview he was told the employer would not be progressing his application and he  then raised a personal grievance claim with the Authority for unjustified dismissal. 

The Authority first had to determine whether the man was an employee of the employer. 

The Authority determined that if the man had received an offer of employment, it was only an oral one. Further, the Authority noted that there are issues with an oral offer of employment. 

The first issue was that the evidence of an oral offer being made could not be supported by the employer. This was because the interviewer no longer worked for the employer. 

The employer also provided evidence that making oral employment offers was not their usual practice. Rather, there were a number of checks that had to take place before a job offer could be made.

The Authority concluded that making an offer without the necessary checks “made no commercial sense” for the employer. The man had also texted the employer about his job application, rather than any job offer, suggesting that no offer had actually been made. 

It was therefore concluded that no oral or written offer of employment was made to the man. As such, he was never employed by the employer and so could not raise a personal grievance claim against them.

This case highlights the importance of receiving a formal job offer in the context of employment disputes. It also highlights the importance of clear communication between employers, employees, and potential employees. 

If you are unsure about your rights and obligations, or you feel you have been mistreated in your employment, it is important to seek advice from a professional with experience in the area. 

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.