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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was offered a job in writing and when I accepted they told

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I was offered a job in writing and when I accepted they told me a contract would follow. Now they have retracted the offer. In the meantime I have turned down other job offers. Where do I stand please? Do I have any recourse? Thanks Sarah

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

How long ago were you offered the job and how long after this, did they retract the offer?

Customer: replied 1 month ago.
Jan 5th and retracted today by email Jan 16 2018

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.

Thanks for your patience. You can argue that their offer and your subsequent acceptance has formed a legally binding contract, which they have now breached by withdrawing it. Legally, a contract is formed when there is an offer, acceptance and consideration and once you accepted their offer all of these are likely to have been satisfied.

Whilst you cannot force them to honour the contract and take you on, you can consider pursuing them for compensation. Usually that would be some loss of earnings incurred as a result of their breach. You have to consider that if they had honoured the contract and taken you on, they could have legally given you notice of termination on the first day and still dismissed you without you being able to challenge it. So the losses would generally be confined to the pay you have lost out by not being given the required notice period. You were not issued with a contract so you do not know for certain what it would have been but they would likely be expected to show a contract for someone in your position and what they ordinarily would have given you in the contract and that is what you will be able to consider pursuing them for if needed.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you are to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you

Thank you. 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.