Breach of contract?

[Gunji]

If this is not posted in the right area, please move it.

 

My local council interviewed and offered me a 1 year contract as a self employed Nutritionist. I was informed that the contract would be sent as soon as the references were received and in good order. Both referees sent great responses and meetings were arranged by the council for me to attend. I considered myself employed from the beginning of the month (June) as this is what I was told and the meetings had been arranged in that period. After 2 weeks had passed, I had no contract was receiving little response to emails about the delay in issuing the contract. I eventually received an email stating that there was an investigation and that I should hold tight. When I asked the nature of this investigation, the email though read went unanswered. I then followed it up again, same issue. I have now received an email stating that there was an issue with the references and due to the delay, funding has now been pulled.

 

I have since sent them an email asking to inform me to the nature of this investigation.

 

Q: Surely I have a right to know what the investigation concerns if it's regarding my references or my employment?

 

Q: Are the in breach of contract?

 

Q: I having difficulty finding anyone that is able to give me advice. If you can not help, can you point me in the right direction? ACAS, Business initiative, Law society have all come up with blanks.

 

Thanks

[Sidewinder]

Q: Surely I have a right to know what the investigation concerns if it's regarding my references or my employment?

 

If they are refusing to answer emails, you could try a Subject Access Request, which might uncover whether the references were sent, and when. It might also provide more information as to what actually went on.

 

Q: Are the in breach of contract?

 

Almost certainly, but you need more information as to whether your part of the contract was fulfilled. You say that you were offered the role, but was this in writing? Not that a contract has to be written, but it does make it easier to prove what conditions were attached etc

 

Q: I having difficulty finding anyone that is able to give me advice. If you can not help, can you point me in the right direction? ACAS, Business initiative, Law society have all come up with blanks.

 

I would gather as much information as possible and consult a solicitor. You may well have a case for the breach of contract, but are very unlikely to be able to gain much out of it as any award would almost certainly be limited to damages caused by the breach. Therefore even if it is proven that a breach occurred and there was a notice period allowed by the contract, damages would probably be limited to an amount equivalent to what you would have been paid had you started work and then immediately been given notice.

 

..

[Gunji]

Thanks for your reply.

 

Due to the offer (being verbal) and everything that surrounds it, I handed in my notice on a previous part time position. So now I'm out of work. This I presume could factor into the damages issue?

 

Which type of solicitor do I need.. a civil lawyer? As being self employed I have had difficulty finding someone who is qualified.

 

I will act on your advice. Thanks very much for your expertise.

[Sidewinder]

THIS page might be a useful starting point. Although it is generally the case that damages are limited to the amount that you would have received had the contract been completed and then terminated, there is an obscure piece of case law which suggests that in certain circumstances you might sue for 'loss of bargain'. The plaintiffs were successful in that case as they had resigned from steady employment in the reasonable expectation of a better paid offer of work lasting a fixed period of time.

 

As for a solicitor taking it on, I can't help with that one, but I would think it warrants further reading.

[Gunji]

Thanks for your help.

[my-spirit-soars-free]

The offer of the contract was subject to good references being received, so it was a conditional offer. If the references were not what the council wanted then they can withdraw the offer.

 

As you are self employed, the normal employment rules do not apply, as you are your own employer. I assume that you are also working for other people in the same capacity?

[Sidewinder]

The offer of the contract was subject to good references being received, so it was a conditional offer. If the references were not what the council wanted then they can withdraw the offer.

 

If the offer was subject to good references being received and good references were provided, then the condition is satisfied. A SAR may prove that the references were in order and the Council merely used the issue of references as an excuse.

 

Both referees sent great responses and meetings were arranged by the council for me to attend

 

Hence the need to see the references which were provided and establish what exactly could be the problem.

 

As you are self employed, the normal employment rules do not apply, as you are your own employer. I assume that you are also working for other people in the same capacity?

 

This isn't about employment law, but contract law. If a one year contract was offered, accepted and any conditions attached to the offer were met

then the OP is entitled to discover why the offer was withdrawn (lack of funding not the OP's problem, dependant on clauses in the contract), whether the contract was actually formed (SAR to assist with evidence that this was the case) and what, if any, damages might be sought (for payment which would have been made under the contract even with a termination clause, and for having given up another contract in order to take up this offer).