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I was wondering if anyone had some advice for me, earlier this month i had a meeting with one of the directors from my company, we discussed a new position for myself within the company and a small pay increase, he then offered me this position, i heard nothing for about a week and then in a meetimg with my line manager, director and managing director i was told i had got the wrong end of the stick and there was no position available, i have proof that i was offered this position. My question is where do i stand legally, can there be a breach of promise within employment law
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Re: breach of promise
Not my area really, but I think you would probably be trying to prove an 'anticipatory breach of contract.'
My understanding is that this can arise from something said, rather than written, when the only reasonable inference is that the other party does not intend to fulfil their part of the bargain.
If you have solid proof, you may have a case.:beagle: -
Re: breach of promise
Hi unhappworker,
Can I ask, apart from the obvious disappointment, did the break of promise cause you any actual consequential lossCAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
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Re: breach of promise
just loss of face with my work colleagues and the obvious loss of the pay increaseComment
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Re: breach of promise
You say you have evidence of this promise. Can you enlighten us as to what this evidence is?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
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I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: breach of promise
i have a text message from the directorComment
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Re: breach of promise
What exactly does the text message state?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: breach of promise
it confirms what was discussed in the initial meeting and details of the offerComment
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Re: breach of promise
Confirmation of the what was discussed and the details that were talked about do not on their own amount to an offer, they could simply turn round and say the text was just a confirmation text of the details discussed, but that no decision had been made to offer you the job at that time. What you need in contract law, is a clear unequivocal verbal or written offer of contract/terms.
Basically it has to be along the lines of heres the details of the new terms they will come into effect as soon as you accept or as soon as the new contract starts on the agreed date. Something like that or similar is what you need. But if all the text does is confirm what was discussed and the details but does not offer the job, then am afraid you don't have anything to go on.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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