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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was made a job offer by e-mail from a company of consultants,

Resolved Question:

I was made a job offer by e-mail from a company of consultants, after I had been interviewed at their location (I still have the offer e-mail file on my computer) and I answered the offer with an acceptance (Copy kept also).
The company has now withdrawn their offer saying that they did not win a contract that they bid for so would not be hiring me.
They also asked me to go into work earlier than the proposed start date, which I did for one day, to support their work in putting bids together to Network Rail, and I have still not been paid for this work despite invoicing them.
Please advise my rights in this matter
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How much are you owed? Are you just trying to get the money for that day of work?

Customer:

Hi Ben

Customer:

I am trying to understand if I am owed any money for the contra

Customer:

I am trying to understand if I am owed any money because they made a contract offer for 3 months work at £400 per day, I accepted that offer, then they withdrew the offer after I had done 1 days work for them at a cost of £463

Customer:

Ben, do you have an answer please?

Ben Jones :

Hi, sorry I was offline by the time you had replied. If you were made an offer of employment, which you had accepted, and it was unconditional then you can argue that it is legally binding and that the employer should honour it.

However, in terms of what compensation you may be able to recover for the employer’s breach, it would depend on whether there was a termination clause in the contract. If there was you can only recover the costs associated with the length of the notice period (e.g. contract terminable on a week’s notice would allow you to claim compensation for the amount you would have received for doing a week’s work for them).

If no termination clause was stated then you will be able to claim for a reasonable notice period and it would not necessarily be for the full duration of the contract (in this case 3 months). What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.

If nothing can be negotiated you will have to make a genuine pre-estimate and make your claim in the court, which will decide what is reasonable in the circumstances. At the same time you can also include the day’s work that you did for them. The claim can be submitted online via www.moneyclaim.gov.uk.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

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