Employment tribunal disclosure request

[athenarocks]

Hi everyone, I will shortly be representing myself in a breach of contract ET case. I was made a verbal offer, agreed salary and start date, then a week later the offer was withdrawn. I am claiming for PILON, based on McCann v Snozone 2016 (see below).

I have subsequently found out the company hired someone else to start on the date I was due to start. My recruitment process took 5 months (it was a senior role), yet the person appointed appears to have been "rushed through" the process in under 5 weeks.

QUESTION: as part of the disclosure process, can I ask the employer to provide details of the dates when this candidate entered the process, and dates of his interviews? It may point to the motivation of the employer to withdraw my offer so that it could be offered to the other candidate.

Many thanks
McCann v Snozone (2016)
Job offer and acceptance:
the tribunal’s view

“It is trite law that a contract is made by offer and acceptance and that once an offer has been accepted, such legal relations as are thereby created can only be terminated by the giving of notice in accordance with the contract. If no contractual notice is agreed then it is a question of what is reasonable…

“I am satisfied that…the claimant was offered and accepted a position with the respondent as advertised. The terms of that employment were not entirely certain…

“I am satisfied that a post of the seniority which the claimant was offered and where his salary would have been paid monthly would have a minimum reasonable contractual notice of one month.”

[ULA]

I presume your claim is based on them not paying you any notice when they with withdrew the offer or is there anything else you are claiming? Had they issued any contracts prior to the withdrawal with clauses regarding notice periods?

In regard to the information then appointing another person could indicate a possible reason behind the withdrawal of the offer and timing around this may be useful, however if your claim is for the payment of notice only then it may not have any bearing on the final outcome of your claim.