How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50490
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I was offered a position as a shop manager in a different

This answer was rated:

I was offered a position as a shop manager in a different store with the same company I went for the interview and was told over the phone that I had scored hire than the other candidate .
An offer letter would be sent in the post a week later I was told by my current store manager they had with drawn the offer .
Can you tell me if the verbal offer is binding and can they offer the job to other candidate if we both went through the selection process
The reason I have been given is that I have not been in my current role long enough. I have been in the role for 6 months in that time I have been running the store, as the store manager has been dual siting on holiday or on courses.
When I applied for the role I am in now I was interviewed by the area manager who said he did see me as a store manager not a shop manager and offered me the oppertunity to go for a days assesment and if I passed would have a position as store manager
I declined the offer and said I was happy to take the shop managers position .I have more than proved my ability to run the store.
Please can you tell me can they offer a verbal job offer and then take it away? No where in the internal vacancy does it say you have to be in a role for any length of time before applying to another store.
I followed the right proceedur and in formed my manager that I had applied for the position
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. You say you had a verbal offer - were you actually offered the job and then accepted to take it?
Customer: replied 2 years ago.
Yes I was waiting for the letter to give me a start date
Customer: replied 2 years ago.
If I write to HR what do I need to say ?
Were you going to be given a pay rise for doing that job?
Customer: replied 2 years ago.
No it was on the same pay rate as I am on now
A verbal offer can be just as legally binding as a written one. What's necessary is that the required elements for a contract are met, which are an offer, an acceptance and consideration. The last one would almost certainly exist anyway but it is the offer and acceptance that may cause issues. However if the employer had made an offer for the job and you accepted it then these are likely to be satisfied. So if they then went back on that offer and did not go through with it you could potentially argue that they had acted in breach of contract. The issue with that is to cannot pursue them legally unless you have suffered damages. If you were not due a pay rise or any other clear benefits that could be equated to a financial element then no damages would have been suffered. You cannot force them to place you on that job but you can pursue compensation for damages however I do not see any damages being suffered here so you would not be able to claim in that respect.
The other option is to claim that the employer has left you with no other option but to leave so you can resign and claim constructive dismissal. However you can only make such a claim if you have at least 2 years service with that employer. Also it can be a risky move as you are giving up your job.
The final option is an internal complaint through the grievance route but that is left for the employer to deal with so they could reject your complaint.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you