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Employment Law advice

• Message 1. 

  Posted by Fire-Pig - proud to wave the protest banner (U12231213) on Thursday, 3rd November 2011

  Last week we interviewed 5 candidates for a post that requires absolute integrity. We agreed unanimously on candidate A, there was only one reference as for the last several years A had been working with A's partner. The reason for finishing that checked out. Recently A has been doing maternity cover and they gave superb references - ending by saying they wished they had a permanent position for A as they didn't want to lose them.
  
  At interview A had said the maternity cover ended at the end of November and as our job was from December 1st that was fine. A even said they did not want to let them down.
  
  On Monday A had a second confirmatory interview with the GM, and was given a verbal offer of a contract, which was received almost ecstatically. In front of two people A said they were finishing 25th November so could easily start on 28th.
  
  Yesterday we had a phone call from the office where A does the maternity cover asking whether we knew if anything had happened to them. They had not seen them since last Friday, and had expected to see A on Monday afternoon as rostered. A not answering the phone. We managed to contact A who said that they had been given permission not to return - this did not tally with what we had been told. We asked A to come back to see us again tomorrow morning to explain discrepancies.
  
  We phoned the maternity cover again and asked for more details of current contract - which to our surprise lasts until next February. This morning they phoned us again reporting that they had once again tried to contact A but had spoken to the partner - who became extremely abusive and threatening, saying they had b****ered A's job with us, and gave three different contradictory stories of A letting them know what was happening.
  
  We have consulted our own solicitors. We want to go into tomorrow's interview with an open mind, but at the moment feel that A has a lot of explaining to do.
  
  Any suggestions how we go about the interview? (serious please that's why it is here not in TB!) How much of what we have been told by the other office can we refer to, how much of it is second hand? I have never been put in a position like this before.
  
  F-P

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• Message 2

  , in reply to message 1.

  Posted by Friend of Moose (U14307683) on Thursday, 3rd November 2011

  I'm not a lawyer. Just ex CAB.
  
  My understanding would be that a job offer is made on the basis that what someone says is true. (People have been dismissed on the basis that they have lied on CVs.)
  
  So for the verbal contract you had made re the job was on the basis that all the information you had been given. If a written contract is to be made, any doubts or discrepancies have to be cleared up - for everyone's sake.
  
  I'd suggest taking the candidate through all the areas where doubts had arisen, and give them an opportunity to restate/clarify their position. I'd want their version of events to be recorded and agreed. If you're not being able to get confirmation that candidate A's version of events is correct, then I don't think you could reasonably be expected to make a written job offer.
  
  I would have thought the main thing would be keep very calm and courteous and neutral, and to avoid making any premature spoken judgements.
  
  But that's just me thinking on my feet.... (You could always get advice from ACAS after tomorrow's interview.)

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• Message 3

  , in reply to message 2.

  Posted by Fire-Pig - proud to wave the protest banner (U12231213) on Thursday, 3rd November 2011

  Thanks FofM, that was more or less what I was thinking.
  
  I wanted to get my thoughts straight before hand and be sure where we stood. Yesterday I came up with all sorts of scenarios that explained the actions, but this morning's phone call about the partner's reaction makes me thing there are things going on in the relationship, which may explain everything; however I don't think we are supposed to take that into account.
  
  One colleague says that he doesn't expect A to come tomorrow - which will mean that candidate B will come to the fore.
  
  F-P

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• Message 4

  , in reply to message 3.

  Posted by Fire-Pig - proud to wave the protest banner (U12231213) on Friday, 4th November 2011

  FofM, you may be interested in what happened today. A came in 10 minutes early, we had been unsure whether we would see them. A had a very different interpretation of events. Office Manager (OM) at the other job has now been spoken to by police for harassing A. OM had phoned the police to report the threatening words used by A's partner (which were not denied but confirmed in more detail), and said he was worried about domestic abuse. The police blue lighted to the house, and then found the harassment was on the other foot. They were shown the phone record of calls trying to get A to stay with them 11 in two hours, not all answered. It was the police who insisted that was harassment and gave a crime reference number for it.
  
  A provided further character referees and body language and everything was very persuasive.
  
  It comes down to one person's word against the other, but we went with a gut feeling and have confirmed the offer of the job to A, subject to probation etc.
  
  I hope we have done the right thing!
  
  F-P

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• Message 5

  , in reply to message 4.

  Posted by Bearhug (U2258283) on Friday, 4th November 2011

  Well, you have the probationary period, so hopefully that will be enough time to confirm you've got it right.
  
  In any case, you can have someone who comes over absolutely fine all through the interview and so on, but turns out to be a nightmare once you've employed them, so you can never be completely sure you've done the right thing till you've both had time working together.

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• Message 6

  , in reply to message 5.

  Posted by Friend of Moose (U14307683) on Saturday, 5th November 2011

  I had wondered what happened next. Hope all goes well...

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• Message 7

  , in reply to message 4.

  Posted by What larks (U14260755) on Sunday, 6th November 2011

  Some sympathy must go to the Office Manger of the old job - assuming I've understood the story. Eleven phone messages does seem OTT, but he may have been just plain worried and desperate to make contact before calling the police. If he really was worried about domestic abuse he could hardly leave messages saying "please get in touch and confirm you are still alive " could he?
  
  

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• Message 8

  , in reply to message 7.

  Posted by Fire-Pig - proud to wave the protest banner (U12231213) on Sunday, 6th November 2011

  Skylark, I understand what you are saying, but A told us that it was very strange for the Office Manager to wait so long to alert them. If the Office Manager was really concerned they thought he would have rung earlier.
  
  I don't think we will ever know the full story, and I just hope we have got it right, and that there is no domestic abuse.
  
  F-P

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• Message 9

  , in reply to message 8.

  Posted by What larks (U14260755) on Sunday, 6th November 2011

  Fire-Pig, the main thing is that you have made inquiries and if she turns out to be a good worker, all is well.
  
  
  If she is suffering abuse, giving her a new job won't make it worse.
  
  
  .
  

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