How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I got offered a job by word of mouth from a woman in a shop

Resolved Question:

I got offered a job by word of mouth from a woman in a shop offering full time employment . But before the start date she went back on her word only offering 16 hours a week plus handing out flyers in spare time free labour . Is there anything I can do as got most messages she sent me ?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.
Hello were you issued with a written contract at all?
Customer: replied 9 months ago.
No mostly word of mouth but have messages she sent on phone and fb messenger . Offering full time then going back on her word . I have later found out i'm not the only person she has done this to !
Expert:  Ben Jones replied 9 months ago.
Thank you. Whilst you will have some rights, they will be somewhat limited. This is because you do not have 2 years’ service with this employer and cannot make a number of claims as a result. The only claim you have would be for potential breach of contract because you were offered a full time job, which you accepted and a legally binding contract is likely to have been formed. So if the employer did not honour what was originally agreed, they could be acting in breach of contract. The issue there would be what toy can do about it. You cannot force them to honour the original agreement of they do not want to, instead you could consider pursuing them for damages for any losses you have incurred. Here, those would be the difference in pay between the full time job and part time job, but for how long? The answer is only for around a week at most. That is because they could have employed you on the full time job and on your first day given you notice to terminate your employment. Within the first month and with no written contract you are not legally entitled to any notice period on dismissal so your employment would have terminated that day and the only losses you would have suffered would have been the difference in pay for a day. If a court decided that to be a bit fairer they should have given you longer notice, the minimum legal notice period in the first 2 years of employment is a week so again they could have given you a week’s notice on day one and dismissed you. So in that scenario your losses would only have been the difference in pay for a week. So these are what potential damages you are looking at if you were to take the matter further.This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to pursue such damages if you wish, 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, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 9 months ago.
Thank you. If you wanted to pursue this person for the compensation I mentioned (difference between full and part time pay for a week), you have a couple of options. The employer should be contacted in writing, advised that this is being treated as breach if contract and ask them to either honour the original agreement or to pay what you are due within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not pay the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice