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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48730
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would like to put in a claim in respect of an employer

Resolved Question:

HiI would like to put in a claim in respect of an employer made me a job offer with a start date of 2+ months from offer date and then withdrew 1.5 weeks before my start date. Employer took me out of work for about 3mths including interview time and left me high n dry when the market is now quite. Can you please tell me what claim form I require and the steps. Many thanks. Judy
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 21 days ago.

What reason have they provided for doing this?

Customer: replied 21 days ago.
This is his email..
Hi JudyYes, I can confirm that we do not have a role for you in the business as my existing team have performed above expectations since our Operations Director (Steve Eddy) left. I therefore do not require additional staff as I had expected I would in June/July. I have had to make the most responsible decision for the business and commercially I could not justify hiring given the performance of the incumbent team.Once again, I'm sorry I have had to wait until now make this decision and to let you know.
I wish you all the best for the future.
Customer: replied 21 days ago.
Not for £44. I have already had 30 mins free advice and sent letters as a result, so right now just need the name of the claim form I need to complete please.
Expert:  Ben Jones replied 21 days ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 21 days ago.

Many thanks for your patience. In the circumstances you can argue that they have acted in breach of contract by not honouring the offer they had made you. In terms of what you can claim it would be for potential loss of earnings resulting from the withdrawal of the job.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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