Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Did they provide you with a reason for this?
For retracting the offer?
OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.
Many thanks for your patience. So there are two issues here – one is the retraction of the offer and the other is the potential negative feedback, which could impact you for the future.
As far as the retraction of the offer is concerned, this is likely to amount to a breach of contract because you had a formal offer, which you accepted and in turn this would have created a legally binding agreement. So a contract would have been in place. If the offer was not conditional on anything and they then retracted it, then that would amount to a breach of contract. Usually you would be seeking compensation to the value of the notice period you would have been entitled had you been terminated once in the job. That is because if you think about it, they could have fulfilled the contract by allowing you to start and then issued you with notice of termination on day one of your job and they would have acted completely legally. So you are basically prevented from receiving the notice period you were entitled to had you been allowed to start working there.
In terms of being slandered, that can be difficult to deal with. If this was done as a result of a written reference, where you could refer to the slanderous comments, then that could be pursued. However, if this was done verbally and neither party wishes to reveal what was said, it would make it impossible to take it further because you have no idea what was said and if what was said was untrue. It is an unfortunate reality but people do get ‘blacklisted’ from certain jobs simply through word of mouth or private discussions between those who make the decisions. These cannot really be challenged as no one can prove what was said or that anything was said so you just have to hope that it does not affect other potential prospects in the industry (I am sure they would not know everyone in the industry or speak to them).
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 this further for compensation, 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
Thank you. 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.
You would only have been in breach if you had a formal contract in place which you did not follow. If no contract was agreed or signed then you would not have been in breach of one and could have left straight away if you wanted to.