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Jennifer Smith
Member - 1 post
I had a case which resulted in a successful outcome for breach of contract
Person had been offered job following successful interview had preemployment checks which were affirmed as no problem in writing, start date and induction package
Then job offer was withdrawn
Case was won financial compensation but unfortunately member had to find another job as she had resigned from her other job when she had got new job - she was unable to rescind her resignation from former job
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Joanne Sambrook
Member - 7 posts
I was offered a fab job by a major house builder two weeks before Christmas then - handed my notice in at the Estate Agents I was working at, had my leaving party and prezzie then - having heard nothing from my new Employer chased them up for my start-up information. I was then told (with barely an apology that the person who offered me the job had no jurisdiction to do so. I was so young that I just accepted this and had a horrible Christmas worrying about paying rent, bills and wrapping paper...it's not just the fact that your confidence is undermined by what actually amounts to the total incompetence by a company and their HR procedures (which are often appalling) but the fact that you have stopped job hunting and let other lucrative interviews pass by. Live and learn and never accept that ANYTHING is sorted - whether job, "sold" on a house - or all parties have signed on the dotted line and received the other parties papers!
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Jibby Latinwo
Member - 3 posts
It would be interesting to see how Race could succed in such a case, since the claimant will have to prove less favourable treatment on the grounds of Race.
Nothing can disturb the fact that he was offered the job in the first place. So it could not have been on the grounds of race or less favourable treatment. Might it be 'the withdrawing of the offer that consitutes race'? But how could the tribunal find that it was on the grounds of his race? Was it his accent, or his nationality? Who were the comparators? This is a strange one since the employer does have a right to change his or her mind on candidates. Are employers not allowed second opinions about prospective candidates without the fear of a Race Claim hitting the courts.......I know each facts are unique....blah blah
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James Fairchild
Member - 257 posts
Jenny - in your case, was the compensation just equivalent to the notice period stipulated in the contract?
Joanne - depending who you talk to, a breech of contract case has a time limit of six years, not just three months - perhaps not too late to consider your options (would have to be through the County court not employment tribunal).
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Emma McAuley
Member - 16 posts
A previous director I worked with did exactly this, offered a very senior job to an exceptional candidate and then once he was working his notice and had signed a contract with us, withdrew the offer for 'financial reasons'.
As an HR professional this was an extremely embarrassing situation to be in and one not of my making, yet I had to communicate the happy news and negotiate a compensation settlement. This candidate had resigned from his job and his previous employer had carried out some restructuring within the organisation to avoid the need to recruit someone new, so he had no job to remain in and needed to start the interviewing process from scratch.
The compensation package was based on his loss of earnings and benefits (based on our offer) for the period of time it was estimated it may take him to secure another role.
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Emma McAuley
Member - 16 posts
Also, am confused by Jibby's comment above. Have I missed the point where Race was the issue??
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Kuang Lim
Member - 34 posts
As long as the loss is foreseeable and not too remote, then it should be recoverable.
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Jibby Latinwo
Member - 3 posts
Emma, I don't have all the facts, I was simply trying to defend the employers right to change his mind without being hit with a race claim! In the case mentioned, The offer was made; so where comes race? As an employer, I can't offer a job and then be told it was because of the candidates colour that caused me to withdraw the offer....I think we need to see the judgement for clarity. Each situation is different, I am simply looking at the proof of race in such cases.
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KHUSHREEN PATEL
Member - 8 posts
To my understanding to avoid any such claims under anti-discrimination legislation the employer will be better off doing the checks as follows:
1. Whether the employee has a contract of employment if s/he has then just follow the contractual termination procedure by giving employee to contribute their say before terminating their employment and give them their benefits which they are entitled on their termination.
2. But if they don’t have a contract of employment then employer can still follow the statutory dispute resolution procedure.
3. Even if the employer decides not to follow the contractual and statutory dismissal procedure I would say just call him in the meeting and tell him to come with someone and give him/her reasons why they are dismissing him and how much benefits he will be paid after termination and when.
4. They all have financial commitments little financial security on termination would help. This could avoid any such potential claims like Wrongful Dismissal, Unlawful Deduction of Wages and Discrimination under anti-discrimination legislation.
5. Now if the practitioners are encouraged or tempted to make any claims under the anti-discrimination legislation in the absence of any discriminatory remarks, conduct, practise or behaviour I will say good luck! Because the opponent[s] can always make a wasted costs application against the representative and costs application against your client.
6. All in all, you can stop and check with your seniors, HR and the in-house lawyer or speak to ACAS before terminating anyone’s employment.
If the above helps rate me on this comment I will assist you…ha ha ha
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