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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46764
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was recently offered & accepted a new job (Commercial

Customer Question

I was recently offered & accepted a new job (Commercial Director) with a large global buiness & was due to commence on the 1st of August currently being on garden leave from a previous position.
I have just been informed that due to an internal restructure the position is no longer required.
Given that I was offered & accepted the role (down to filling out pension/company car details) & since accepting the role have halted my job search do I have a claim against the? The role included a 3 month probation period.
Many thanks
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Was there a notice period for termination once you started?

Customer: replied 11 months ago.
3 months.
Expert:  Ben Jones replied 11 months ago.

Thank you. If they had offered you a job which you accepted and they later withdrew that offer then potentially they have acted in breach of contract. That is due to their offer and your acceptance amounting to a legally binding contract. So if they had reneged on that contract, it can amount to a breach. That would then allow you to consider sung them for breach of contract for the losses you had incurred as a result of their breach. Generally, that is accepted to be the notice period you would have been due on termination had you started the job. If you think about it, had they not breached the contract and allowed you to start, they could have still issued you with notice of termination on day one of your job and could have legally dismissed you that way, but at least you would have been due the pay for the contractual notice period. So in the circumstances the equivalent of the notice pay is the most likely scenario.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the matter further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46764
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you, ***** ***** is roughly what I thought it would be. So what steps do I now need to take?
Expert:  Ben Jones replied 11 months ago.

Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 side 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.

Customer: replied 11 months ago.
I've only received official confirmation of their intentions today so haven't as yet written to them. Any suggested wording that might makes things clear?
Expert:  Ben Jones replied 11 months ago.

Hi there, if you want me to draft something for you I am happy to do so but it is a premium service so it will be for an additional charge, just let me now if you want me to give you more detail, thanks

Customer: replied 11 months ago.
Thanks Ben, how much would it cost for you to draft something?
Customer: replied 11 months ago.
Please could you give me an indication as I'd like to get the wheels in motion ASAP. Thanks.
Expert:  Ben Jones replied 11 months ago.

Hi sorry I was offline by the time you had replied last night, i have submitted an offer for the drafting service

Customer: replied 11 months ago.
Hi, I've 'accepted' your offer to draft a letter but it said there was a problem with the payment but this page now says 'offer accepted'. Please confirm that the transaction has gone through & you're happy to proceed with an anticipated timescale. Many thanks.
Expert:  Ben Jones replied 11 months ago.

Thank you, ***** ***** to have worked ok. Please find attached frat letter below, feel free to make any amendments especially if I have some of the facts incorrectly and you may fill in the info in the square brackets yourself.

Dear [name]

Withdrawal of Job Offer

I am writing in relation to your recent withdrawal of the job offer for Commercial Director with [company], which I was due to commence on 1 August 2016.

As you made a formal offer, which I subsequently accepted, a legally binding contract would have been formed. Therefore, your withdrawal of this offer now amounts to a breach of contract. Having placed specific reliance on this opportunity, I had halted my job search so I am now placed in a rather difficult position of having no employment security and will potentially suffer loss of earnings as a result. As this is as a direct result of the breach of contract by you, I will unfortunately have no option but to hold you liable for any such losses.

It is not my intention to act unreasonably over this and all I am asking for is that you fulfil your contractual obligations to me, which in this case would have been giving me the contractual notice I am entitled to on termination. Had you not breached the contract, the contractual notice period of 3 months would have applied and is what I would have been legally entitled to. Therefore, I wish to pursue compensation to the value of my earnings for the 3 month notice period.

As I wish to resolve this matter amicably, I hope that we can come to an agreement by no later than [date]. If this matter remains unresolved beyond that date and no reasonable attempts are being made to resolve this, I reserve my right to take this matter further, up to and including issuing legal proceedings in the County Court for breach of contract. However, I trust that this will not be necessary and I look forward to hearing from you at the earliest opportunity.

Yours sincerely

[name]

Customer: replied 11 months ago.
Thanks Ben. I've amended your letter sent & sent it via e mail & will also send a copy by recorded delivery today. If I don't get the required response please can I come back to you for further assistance? Thanks for your help so far it has been invaluable.RegardsRichard
Expert:  Ben Jones replied 11 months ago.

Hi, yes of course you are most welcome to get back to me if needed, just start any new question with 'for Ben Jones' thanks

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