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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45375
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Please could you advise me as to breach of contract? I am

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Please could you advise me as to breach of contract? I am a secondary English teacher and was given a firm offer, both verbally and in writing, of a permanent post to start on 6th June. Tonight that offer has been withdrawn because the school say that they have just been instructed by their new Academy Trust that they must not employ any more teachers. However, my job was offered and accepted before this happened and I have turned down four other interviews with other schools on the basis that I had accepted it.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 8 months ago.
please could you answer my question?
Expert:  Ben Jones replied 8 months ago.
Please can you tell me what the terms of the contract are in relation to it's start date?
Customer: replied 8 months ago.
It was a full time permanent contract, due to start on 6th June.
Customer: replied 8 months ago.
I have the offer in writing as well as a confirmation email from the school sent the same day as I was interviewed.
Expert:  Ben Jones replied 8 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Many thanks for your patience. There is indeed a case of breach of contract here because you had been offered a job which you in turn accepted and that is generally sufficient to have a contract in place. Under the terms of the contract you would have been offered the job to start in June and therefore by withdrawing such offer the other party has most likely acted in breach of contract. As such you could consider pursuing them for compensation for that breach.However, this is where the potential issues could arise. The likely compensation you may get would be equivalent to the notice period you would have been entitled to on termination under the contract you had with them. This is because even if they had not breached the contract and allowed you to start with them, they could have legally simply issued you with termination notice on day one of your job and still dismissed you. As you would not have had 2 years service at the time you would not have been protected against unfair dismissal and would not have been able to challenge the dismissal. So yes, a potential claim does exist, but be aware of the likely compensation you may get if you were to take it further. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to pursue this matter which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 8 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 8 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45375
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the offending party can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow them to voluntarily pay what is due.2. Letter before action – if informal reminders have been sent but these have been ignored, they must be sent a formal letter asking them to pay the compensation within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to resolve this. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other party and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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