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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Was any mention at all made of the credit checks prior to her accepting the offer?
Based on the timeline given it is indeed possible to claim that she had accepted an unconditional offer and being given conditions after that would not form part of their offer. Therefore, withdrawing the offer as a result of this condition, may amount to a breach of contract.
The issue is that even with a clear breach, she cannot force them to take her on. What she could instead look for is damages for any losses incurred as a result. In reality, even with no breach what they could have done is that they employer her and took her on a normal, then on day one they issued her with notice to terminate her employment as per her contract. So in effect they will basically owe her is the equivalent of the contractual notice period she would have been entitled to had she been employed by them.
This is your basic legal position. I have more detailed advice for you in terms of the steps she can take to pursue such 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
The issue as mentioned is that even if they had not breached the offer terms and ignored the credit check and employed her as normal, they could have still legally and without any breach, dismissed her on day one so in effect what she has lost is the notice period she would have been due
I know the hiring and firing will not happen but you have to look at it from a perspective of what could have happened had they not unfairly removed her offer. There are no punitive damages here, it is what losses have been incurred so I must reiterate again that the losses she would have incurred, on the assumption they would have exercised their legal right to dismiss her immediately on starting, is her contractual notice period hence why the damages she would pursue is the pay to cover her notice period by them
Yes you are correct, such types of claims are best pursued personally through the small claims court, there is no need to spend money on legal assistance.
You are welcome, all the best