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Breach of contract/Marital Discrimination

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  • Breach of contract/Marital Discrimination

    Good evening..
    I have had a job offer and contract withdrawn because I am married to a current employee and they have cited the reason as "Professional Boundary" at risk of being broken if they employed me.
    We asked at the very outset if being married was an issue and the answer was, "No".
    Applied, got an interview and was appointed after a verbal offer was received. I subsequently received my contract. 24 hours later, it was withdrawn..

    Is there a breach of contract here as well as a possible marital discrimination claim?

    Thanks.
    Tags: None

  • #2
    Did you accept the offer of employment when it was made to you verbally? Your claim for breach of contract would amount to the notice period that is determined in the contract of employment that you were sent.

    Under the Equality Act you must not be discriminated during employment because you are married. However, I am not quite sure how it would apply in your given circumstances pre-employment and taking into account that you asked the question about being married before making the application and it all appeared to be fine.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      Hi Ula
      Thank you for your reply. Acas reconciliation have been in contact with the company concerned to say that because I am still employed (They have info it seems that my current employer has allowed me to withdraw my resignation) there has not been a financial loss so they are not willing to enter into any discussion about compensation for breach of contract.
      With regards to the discrimination claim, they have said they have not treated me any different to any other person that could be involved in relationships within the company. The fact I am married to an existing employee is irrelevant. Anybody related to another employee cannot work for the company as it consitutes the crossing of a professional boundary. Very presumptuous.

      Comment


      • #4
        If a breach of contract claim is successful damages will be awarded to compensate the innocent party for their loss due to the breach. If you have managed to withdraw your resignation from your employer and have remained in employment then your claim, which would have been for loss of earnings due to the breach, would be difficult to substantiate. The only outside chance of pursuing a claim would be if the job that was offered was of a much higher salary than with your current employer but I would not like to take on view on how successful such a claim would be.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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