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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I got offered a job by word of mouth from a woman in a shop

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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: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello were you issued with a written contract at all?
Customer: replied 1 year 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 1 year 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
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Expert:  Ben Jones replied 1 year 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.