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Withdrawal of conditional job offer

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  • Withdrawal of conditional job offer

    I’ve recently had my conditional job offer withdrawn due to an internal restructure. Is this a breach of contract?
    Tags: None

  • #2
    Had the condition been met?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      No problem with references, OH report etc. Just pending salary negotiation whereabouts in the range provided on the offer letter. And final current employer reference pending. Therefore I haven’t failed to meet the conditions. And their reason for withdrawal is due to restructure, rather than any of my conditions.

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      • #4
        Had you been given and/or signed a contract of employment?
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        • #5
          No contract yet. ACAS suggests a contract of employment starts when an offer is accepted subject to conditions to being met.

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          • #6
            That is why I asked my earlier question.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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            • #7
              Thank you. ACAS were unable to tell me definitely if this is a breach of contract although implied by the website. I just wanted to make sure I was interpreting it correctly as the employer has stated a breach of contract would only be relevant if I had a contract with them.

              I also have suspicions this has been used to cover up the fact that they were finding it difficult to accommodate my reasonable adjustments, but trying to prove that feels impossible. So trying to focus on facts at the moment.

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              • #8
                If the reference from your current employer had not been received by the time they withdrew the offer it's arguable that the conditions of the conditional.offer had not been met and.no contract existed.

                All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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