| Idle threats and withdrawing from job applications |
|
|
|
| Sunday, 08 March 2009 | |
|
Remedy has been disappointed to hear that candidates applying for posts this year have been subjected to threats of GMC referral and other potentially defamatory or unpleasant actions if they withdraw from jobs that they have been offered. This would appear to break the Employment Agency regulations - see this summary. But the legal position is not completely clear and there is no firm case law at present. We fully appreciate the rationale behind these threats - there are serious concerns that fill rates could be too low, and nobody wants to see unfilled jobs in August. But the manner in which this process is being conducted is designed for the convenience of the recruiters rather than the insterests of the applicants. The GMC have made it quite clear to the BMA that they are not interested in referrals about people who give adequate notice, and expressed annoyance at being used as a threat in this manner. If you are caught in this dilemma you have a difficult decision to make, and there is no easy answer. Until there is firm case law established then there can be no certainty about what could happen. You may be understandably reluctant to be the person risking their career in order to establish the necessary precedent. Remedy has been contacted by a few individuals who may be prepared to take this risk, and we would be keen to hear from anyone else in a similar position. |