Job Offer withdrawn....Legal possibilities

[Eshezo]

Hi all,

 

OK, I had a job offer in writing, unconditional which I accepted and had email response confirming the fact .

 

This is with a multi national organisation with more than 40,000 employees.

 

In the unconditional offer it stated that the full contract would follow in 7-10 days, after chasing the full contract and being 3 days from my start date I had a call saying that they are withdrawing the offer due to other areas of the business making redundancies and not being able to take on my position due to those being made redundant needing to have other positions offered to them.

 

As I said I have this in writing, including a confirmation back from them after the acceptance.

 

The actual offer stated the Role, Location, Salary, Start Date (28th October), additional benefits along with attachments of the "Welcome to XXX company" and private medical benefits etc....

 

No conditions...... further to accepting the offer I have an email saying that the full contract has been raised and completed....then further telephone conversation's (up until yesterday) saying everything was good and contract would be with me.

 

My understanding is that a written (un-conditional) offer that's accepted and also confirmed is a contract and that the company is liable for breach ....

 

Anyone advise me on this ?

 

Also this is a high paid job +£70k basic and also with a £70k+ bonus..... no notice periods were specified and ....

 

I stopped all other negotiations with other companies including turning down another offer..

 

Advice please....

 

Cheers

[Emmzzi]

You may be entitled to be paid the notice period in the contract but that's your lot I am afraid.

[Eshezo]

OK, thanks better than nothing but given that that the job was including an OTE of 2x and my previous P60 shows more than that and... that I have in writing the bonus structure would be confirmed to the same level do you think I should be able to get more form them aft all I've cancelled multiple interviews and 2 offers as a result of theirs and their cancelling 3-4 days prior to the start date.

 

In the offer it was un-conditional and didn't specify a notice period so could it be argued that the notice period is 3 months ? or would it just revert to the statutory notice period ? (guessing it probably would).

 

If they were intending to pay the basic salary and bonus surly that would make up the complete salary because they can't evaluate my performance , afterall they are cancelling the contract 3-4 days prior to starting and I can prove my performance from previous payslips (P60) showing bonuses and commission over multiple years.

 

I have a feeling that the end result is that they will only be liable for a 4 week notice period of the basic wage....please tell be different...

 

rgds

[andydd]

It may of been that there was a probation period and that thenotice was only a week or two. I was in same position, was offered job but then the agency went quite, didnt bother following it up anymore.

[Emmzzi]

I can't. It was your choice not to investigate other jobs, and not to undertake due diligence on the new employer.

 

Hope you find something better soon - I'd be calling back the interviews you turned down.

[Eshezo]

It may of been that there was a probation period and that thenotice was only a week or two. I was in same position, was offered job but then the agency went quite, didnt bother following it up anymore.

 

But in an un-conditional job offer there was noting specified so it would revert to statutory law.... and a probationary period would only be if there was a period of employment rather than cancelling an employment comtract before starting, ie how can you have a probationary period if you didn't start ?

 

rgds

[Pusillanimous]

There is no harm writing to them and asking to make up for your losses. A lawyer's letter might be more effective.

[Eshezo]

I can't. It was your choice not to investigate other jobs, and not to undertake due diligence on the new employer.

 

Hope you find something better soon - I'd be calling back the interviews you turned down.

 

I get that but I'm after the raw facts on what I can do and what I ask them for when I write to them because they are in breach of contract and they have to pay for a supposed notice period (4 weeks or 3 months) and compensation of sorts because it was their clear un-conditional offer that was accepted and it was them that have withdrawn it ....

 

As an addition, they haven't withdrawn it in writing...so should I arrive on Monday as an employee ???? because I have a contract ?

[Pusillanimous]

Turn up. However, I expect the letter is on its way in writing to you by recorded special delivery.

[Eshezo]

There is no harm writing to them and asking to make up for your losses. A lawyer's letter might be more effective.

 

Agree but I prefer to make it to the point and refer to specific Acts in the CP law

 

rgds

[Emmzzi]

But in an un-conditional job offer there was noting specified so it would revert to statutory law.... and a probationary period would only be if there was a period of employment rather than cancelling an employment comtract before starting, ie how can you have a probationary period if you didn't start ?

 

rgds

An offer can be withdrawn until it becomes a contract. I'd try for the notice period pay (basic) by asking nicely but there is no legal stick to beat them with. It sucks, but that is how it is.

[Eshezo]

Turn up. However, I expect the letter is on its way in writing to you by recorded special delivery.

 

You know what Pus, I don;t think it will be I have a call with the VP tomorrow and he will of course tell me the same HR story and don;t think they will send a withdrawal in the post so maybe your right ....I should turn up and say , Hi it's my first day where is my office.... lol

[Emmzzi]

I get the sense you are going to try and pursue this Regardless of contract law. My top tip is to speak to a no win no fee lawyer. If you have a good case they will take it on. If they don't, you don't have a good case. It'll save a black/white circular argument here.

[Eshezo]

An offer can be withdrawn until it becomes a contract. I'd try for the notice period pay (basic) by asking nicely but there is no legal stick to beat them with. It sucks, but that is how it is.

 

But a contract is verbal as well written, and in this case the contract / offer was written....

A job offer doesn’t have to be in writing, and nor does the acceptance - but it’s a good idea for employees to ask for and give something in writing.

 

Employees should wait until they get an unconditional offer before handing in their notice as a conditional offer could fall through.

If an employer withdraws their job offer

 

Once someone has accepted an offer they can only take action in certain situations.

SituationActionThe applicant has evidence that the employer discriminated against them when withdrawing the offerThe applicant can take the employer to an employment tribunal The employer has confirmed that the job offer was unconditional, or the applicant has met all conditionsThe applicant can sue the employer for ‘breach of contract’The offer was conditional and the applicant didn’t meet the conditionsThe applicant can’t take any action

[Emmzzi]

Please quote the source for all information given ; much of the internet is wrong.

 

Are you claiming discrimination then?

[Eshezo]

I get the sense you are going to try and pursue this Regardless of contract law. My top tip is to speak to a no win no fee lawyer. If you have a good case they will take it on. If they don't, you don't have a good case. It'll save a black/white circular argument here.

 

Emmzzi, your almost right but actually I would prefer to just take the job, I haven't had any bad conversations with the company yet and my intention on the call tomorrow with teh VP is to pin him down as to the reasons, actually I think he wants to go ahead with the job but powers above in the corporate office have something else going on....

 

I don;t want to peruse them as my industry is big but small and many people know others so my preference is to just smooth it out but on the other hand if after the call tomorrow it is withdarwn , which I thin kit will be then I have no choice but to go after them for some type of compensation, why should they be allowed to make an un-conditional offer , accept it and then withdraw....it's a contract....

 

rgds

[Eshezo]

Please quote the source for all information given ; much of the internet is wrong.

 

Are you claiming discrimination then?

 

No No, not discrimination... just a job offer in writting ; accepetd and the withdrawn...

 

Here is the source of my cut/past above...

 

https://www.gov.uk/job-offers-your-rights

 

rgds

[Emmzzi]

Yeah. Go see a solicitor, you are mainly looking for people to agree with you I think and may take it better from A lawyer. Im too old for arguments on the internet. Interested to hear how you get on tho.

[Emmzzi]

Thanks for the link. You can sue them for breach. But you'll only be getting your notice period pay.

[Eshezo]

Thanks for the link. You can sue them for breach. But you'll only be getting your notice period pay.

 

Tend to agree....

 

I'm not looking for people to agree with me by the way , just advice but advice comes in the form of facts and links.... not just opinion. because otherwise it gets into exactly what your not wanting to.

 

rgds

[Eshezo]

Thanks for the link. You can sue them for breach. But you'll only be getting your notice period pay.

 

Emmzzi, here's a question then what's the notice period if it's not specified in the offer ?, just statutory or can be argued ?

[Eshezo]

Thanks for the link. You can sue them for breach. But you'll only be getting your notice period pay.

 

So Emmizzi, whats the notice period then if it;s not specified in the offer, statutory or arguable, 4 week or 3 months ??

[steampowered]

So Emmizzi, whats the notice period then if it;s not specified in the offer, statutory or arguable, 4 week or 3 months ??

 

I'm afraid its neither. If you don't have one month's continuous service there is no minimum statutory notice period. Please refer to http://www.legislation.gov.uk/ukpga/1996/18/section/86.

 

There is no legislation that will help you here. The only thing you can rely on is any minimum notice specified in your offer of employment.

 

I'm afraid this thing is pretty common in financial services, I assume this is the sector we are talking about. In the past few years entire desks have been let go at a whim (compare the size of the bank's real estate finance practice now, if it even exists, to what it was before 2008). Its worth speaking the VP but I'm not sure he will be senior enough to have the power to do anything, better to speak to a Director or MD if you can.

[Eshezo]

I'm afraid its neither. If you don't have one month's continuous service there is no minimum statutory notice period. Please refer to http://www.legislation.gov.uk/ukpga/1996/18/section/86.

 

There is no legislation that will help you here. The only thing you can rely on is any minimum notice specified in your offer of employment.

 

I'm afraid this thing is pretty common in financial services, I assume this is the sector we are talking about. In the past few years entire desks have been let go at a whim (compare the size of the bank's real estate finance practice now, if it even exists, to what it was before 2008). Its worth speaking the VP but I'm not sure he will be senior enough to have the power to do anything, better to speak to a Director or MD if you can.

 

Thanks, it's actually not the financial sector not that that changes anything, I just think it's crazy, makes you ask what the point in even having an employment contract is.

 

The thing is there should be some recourse on them, surely they can't just breach a contract and walk away. 3 days before I was due to start

 

rgds

[steampowered]

Absolutely, it must be really frustrating for you and a rotten situation to be in. I hope you manage to get something from these guys or from the one of the other employers you were in touch with.

 

This may be a breach of contract in a strict technical sense, but if they were entitled to dismiss you without any notice anyway then unfortunately you have suffered no loss so would not be due any compensation. The old common law rule was that all employment contracts were "terminable at will" and could be terminated at any time by either side without any notice. This was modified by statute, but statutory protection only kicks on once you have a month's service.