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Withdrawal of job offer

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  • Withdrawal of job offer

    Morning all,

    On the 13th of November (and after 2 interviews), I was offered a decently paid job, in writing, subject to references etc.

    At the same time, my then employer was discussing my possible redundancy.

    I waited on the job offer for a couple of weeks, and once I got confirmation of the redundancy, accepted the offer, signed the contract and returned it. It was through an agency and all parties had agreed a start date of the 14th December to get the inductions etc. out of the way before Christmas.

    I then got a call from the agency on the 4th December to say the new firm were restructuring and that the job was no longer available - they then wrote and said that it was no reflection on me and purely down to internal processes and wishing me luck.

    I have since written back and said that is wrong, and that they're in breach of contract, and they need to pay me (as a minimum), a month's salary, plus the equivalent cash benefit of my car etc.

    Since then, my union has suggested that, since there is no actual loss suffered (I was being paid in lieu of notice from my old firm), then I don't have a claim.

    I haven't yet heard back from the firm that was going to employ me, but just wondered if there was anyone on here that could advise further?

    Thanks in advance
    Rammy68
    Tags: None

  • #2
    Re: Withdrawal of job offer

    I think the union is correct you have suffered no loss.
    Did the company ratify the contract signing a copy and returning
    a copy to you?
    nem

    Comment


    • #3
      Re: Withdrawal of job offer

      Hi Nem - happy new year :-)

      The company sent me a contract, signed by the director - I signed in turn and sent it back.
      In terms of the loss, I finished my previous employment (via a settlement agreement rather than payment in lieu of notice) on the 3rd December - in

      I thought your own advice had confirmed this previously -
      http://www.legalbeagles.info/forums/...ch-of-contract

      Also
      https://www.gov.uk/job-offers-your-rights

      and
      https://worksmart.org.uk/work-rights...i-already-have

      I have now been out of work for a month, and the Christmas break has meant it's been almost impossible to get a start before the New Year :-(

      I'll write to them again and see what happens.
      Regards,
      Rammy68

      Comment


      • #4
        Re: Withdrawal of job offer

        Originally posted by Rammy68 View Post
        Morning all,

        On the 13th of November (and after 2 interviews), I was offered a decently paid job, in writing, subject to references etc.

        At the same time, my then employer was discussing my possible redundancy.

        I waited on the job offer for a couple of weeks, and once I got confirmation of the redundancy, accepted the offer, signed the contract and returned it. It was through an agency and all parties had agreed a start date of the 14th December to get the inductions etc. out of the way before Christmas.

        I then got a call from the agency on the 4th December to say the new firm were restructuring and that the job was no longer available - they then wrote and said that it was no reflection on me and purely down to internal processes and wishing me luck.

        I have since written back and said that is wrong, and that they're in breach of contract, and they need to pay me (as a minimum), a month's salary, plus the equivalent cash benefit of my car etc.

        Since then, my union has suggested that, since there is no actual loss suffered (I was being paid in lieu of notice from my old firm), then I don't have a claim.

        I haven't yet heard back from the firm that was going to employ me, but just wondered if there was anyone on here that could advise further?

        Thanks in advance
        Rammy68
        "Once someone has accepted an ‘unconditional’ job offer, they’re in a legally binding contract of employment." https://www.gov.uk/job-offers-your-rights. It is simply a breach of contract. Your facts: detrimental reliance you accepted redundancy from a former employer. Your understanding what was that if you gained this new employ you could, with peace of mind, accept the redundancy. - Your remedies: specific performance, ie tribunal action to force employment and or damages. You are looking at more than one month for a start as this is an entire loss of opportunity. Those Union reps are not worth the paper you sign with them. However., fortunately for you, you will have legal cover (more likely than not) and they will take your claim on your will counter sue the Union for breach of its duty to you.

        Redundancy alludes you're of a certain age? Would I be correct in suggesting this? If so, it may also give rise to a separate claim for age discrimination potentially?

        Comment


        • #5
          Re: Withdrawal of job offer

          Hi Openlaw15 - and thanks for the reply.

          I wrote initially (on the 14th December) claiming 1 months salary, requesting a reply within 7 days. I have written again today suggesting they've got 7 days to respond, otherwise I will be seeking further damages, and payment for my time. In terms of my age, I am 47.

          Are there not high costs to trying to get to tribunal, particularly if I haven't got a job with the firm, or a "sponsor" working on a no win/no fee basis?

          How would i go about counter-suing the union (tho that does seem harsh indeed...) - I am keen to avoid an Amercican style "sue everyone until someone " coughs....

          Where would the "legal cover" come from - my previous employer provided it, but am obviously no longer with them, I have some through the union, but they're advising against any claim, and the new job never commenced, so am guessing not through them!

          Regards,
          Rammy68

          Comment


          • #6
            Re: Withdrawal of job offer

            Originally posted by Rammy68 View Post
            Hi Openlaw15 - and thanks for the reply.

            I wrote initially (on the 14th December) claiming 1 months salary, requesting a reply within 7 days. I have written again today suggesting they've got 7 days to respond, otherwise I will be seeking further damages, and payment for my time. In terms of my age, I am 47.

            Are there not high costs to trying to get to tribunal, particularly if I haven't got a job with the firm, or a "sponsor" working on a no win/no fee basis?

            How would i go about counter-suing the union (tho that does seem harsh indeed...) - I am keen to avoid an Amercican style "sue everyone until someone " coughs....

            Where would the "legal cover" come from - my previous employer provided it, but am obviously no longer with them, I have some through the union, but they're advising against any claim, and the new job never commenced, so am guessing not through them!

            Regards,
            Rammy68
            The Union are being paid but they have the standard of the reasonable solicitor. When you say the union are advising against the claim, wwho is this person, what is their role in the Union organisation.

            Comment


            • #7
              Re: Withdrawal of job offer

              Originally posted by Openlaw15 View Post
              The Union are being paid but they have the standard of the reasonable solicitor. When you say the union are advising against the claim, wwho is this person, what is their role in the Union organisation.
              Hi

              Contact ACAS via phone and have a chat with them.

              Comment


              • #8
                Re: Withdrawal of job offer

                It is my local area UCATT representative.....

                ACAS (and CAB) advice is to approach the company to see what they've got to say for themselves - which is nothing - perfect silence. I do have a letter from them apologizing and saying nothing to do with me personally (which helps my case i think). My only "weak" area is that the job was open for acceptance for 10 days, but I took 13 to respond as I was hanging on for my redundancy - but they knew that as we were in touch via the agency.

                Rammy68

                Comment


                • #9
                  Re: Withdrawal of job offer

                  Originally posted by Rammy68 View Post
                  It is my local area UCATT representative.....

                  ACAS (and CAB) advice is to approach the company to see what they've got to say for themselves - which is nothing - perfect silence. I do have a letter from them apologizing and saying nothing to do with me personally (which helps my case i think). My only "weak" area is that the job was open for acceptance for 10 days, but I took 13 to respond as I was hanging on for my redundancy - but they knew that as we were in touch via the agency.

                  Rammy68
                  "When you say the union are advising against the claim, who is this person, what is their role in the Union organisation."

                  Rammy - i asked you a simple question. i may understand unions and its powers in general but please give me specifics. Ie is it a union rep outside (independent) of work, what seniority are they if any? Have you raised complaints as to how the union investigated your case? Please answer my above question so I understand the context of the union rep, thanks.

                  Comment


                  • #10
                    Re: Withdrawal of job offer

                    This is a simple breach of contract and the most you would likely be able to claim in damages is pay in lieu of the contractual notice period - typically one-week.

                    It's unfortunate that these things happen but they do. It's rarely worth the time, cost and hassle of pursuing a claim. I would put this down to experience.

                    - Matt
                    Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

                    Comment


                    • #11
                      Re: Withdrawal of job offer

                      There is no such thing as putting it down to experience in matters of law....where someone has done wrong that wrong should be remedied. Loss of opportunity is potentially a claim too.

                      Comment


                      • #12
                        Re: Withdrawal of job offer

                        What would they win if they put in a claim?

                        Comment


                        • #13
                          Re: Withdrawal of job offer

                          While you are correct in theory, you have to consider the practicalities, i.e. the time, effort and cost to the OP to bring such a claim.

                          Firstly, a claim for loss of opportunity is unlikely to be successful. The OP has not suffered a loss, as the Union said.

                          Secondly, a breach of contract claim would likely result in payment in lieu of the contractual notice period, which is typically one-week's pay.

                          - Matt
                          Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

                          Comment


                          • #14
                            Re: Withdrawal of job offer

                            Well the loss is obviously loss of opportunity, the further detriment is loss of previous employ where the Op would not have had to take the redundancy. In contract law the offer could have been revoked at any point up to acceptance, but you cannot simply revoke where the offeree has accepted that offer from the offeror. It also depends on the employer too why they changed their mind, was it genuine restructuring or was it discrimination.

                            Comment


                            • #15
                              Re: Withdrawal of job offer

                              No, the emoloyer cannot simply revoke the offer. What the emoloyer should have done is terminated the employment contract and paid in lieu of the contractual notice period, which is likely all the OP would be awarded. As I've said twice previously.

                              Proving any kind of discrimination would be difficult, and there hasn't been any indication that discrimination has occurred.

                              As for loss of opportunity - the OP waited until his/her redundancy had been confirmed before accepting the employment offer (3 days after the offer had 'closed'). Presumably if the redundancy had not been confirmed the OP would not have accepted the employment offer. Therefore proving a loss of opportunity would also be difficult, as the OP's Union has stated.

                              The law is good in theory but often in practice the end does not justify the means.

                              - Matt
                              Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

                              Comment

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