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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was offered VR and then it was withdraw a week later. I

Resolved Question:

I was offered VR and then it was withdraw a week later.
I completed the quotation given by the company and signed and returner it to HR.
The question is do I have a contract when the offer was made and accepted by myself and the company and thenwithdrawn?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

The issue in this case is that the employer would have given you the opportunity to apply for VR, then you decide to do so and submit your application and only then would they accept it or reject it./ So it is not your acceptance that would be of importance here, it is the employer's once you have made them an offer to apply for VR. As they never accepted it then there would be no contractual issue here which can be pursued

Customer:

let me explain, The company offered VR and I had a quotation and accepted the quotation by signing it and returning it to the company, the company finally rejected my application at the end of May 14.. The out of the blue the company through HR came to me on 23 July 14 and offered me VR again at the same conditions as last time. I was about to accept that offer when a pay rise was offered so I asked for the quotation to be updated which I received on the 24th July 14. Once I received that offer again I signed it and then handed it into HR. On the 29th July HR withdraw the offer.

Customer:

My thinking is that as the company came to me offering VR and me signing and returning the off was a contract of acceptance?

Ben Jones :

Not in cases of VR - I have seen this happen numerous times before - you apply for VR, the employer accepts or rejects it, then you have a contract if they accept it. they give you the opportunity to apply, what they are giving you is not an offer, it is information which you can use to apply for VR, which will be the offer, so until it is accepted by the employer it will not be a binding contract

Customer:

The company offered me VR not me accepting it, do the rule change?

Ben Jones :

No, they are not making you a formal offer, they are telling you that VR is an option and it is then for you to apply for it and let the employer consider your application

Customer:

It was not optional it was a formal offer as I saw it?

Ben Jones :

well no, that is not what voluntary redundancy is - you decide whether to apply or not, if there was no option then it is compulsory redundancy but that is not a contractual issue, they can cancel that at any time if a redundancy no longer exists

Customer:

So if the company comes to you and said that you can have VR and these are the conditions and you accept it and return the quotation and the company accepts it. Then I am mystified.

Ben Jones :

then you will have a contract in place, but the company never accepted your applicaiton in this case

Customer:

what does the company have to do to accept?

Ben Jones :

well there must be some indication that they have done so,. for example correspondence to confirm that they have accepted this and that your request has been granted, a simple acknowledgement they have received your application will not suffice

Customer:

Thankyou

Ben Jones :

you are welcome

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