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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62718
Experience:  Qualified Employment Solicitor
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I applied for VR. My manager emailed a date to me. I

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I applied for VR. My manager emailed a date to me. I accepted the date offered to me. The employer has subsequently withdrawn the offer on the basis they got their sums wrong, basically I was too expensive to let go. They have said, verbally, that the email didn’t constitute an offer and was not set in stone. I argued we use emails every day an accept them as a signed and binding statement. It’s not 1 year since I was offered a leaving date and I am no further forward. Are they obligated to honour the statement made. Is this considered to be a contract that they have not fulfilled. I work for local government
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I wrote to the manager who to this date has not responded merely telling me he had passed the letter to HR
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: EMPLOYEE FULL TIME OVER 30years
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Do I have a case

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

So is that the official reason provided; they got their sums wrong?

and what exactly did the email say?

Customer: replied 16 days ago.
“Your application has been carefully considered. I am pleased to confirm your request has been accepted and I would like to offer you a leaving date of 28/07/19. Please could you consider this date and if agreeable confirm your acceptance by email directly to me”
Customer: replied 16 days ago.
12/02/19 I was advised when we consider an application for VR we take account of any additional pension contributions the council have to contribute to the Dorset Pension Fund. The initial figures we received were in most cases higher than we expected. We have been advised this was due to a new method of calculation. Since our initial advice all data has been reviewed again and I am expecting details this week.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 16 days ago.
call terminated as I could not hear and advised Ben was dealing with my request by email

Many thanks for your patience. It was not me who accepted your call request so if you did not have the call then let me know at the end and we can arrange a refund.

 

Going back to your query, you can indeed rely on the exchanges to date to argue that a legally binding agreement had been reached. The issue is that the employer could potentially argue that it was a genuine error and as long as it was not left in place uncorrected for an unreasonably long time and also that they can show it was genuinely an error (e.g. by showing the calculations and that it was obvious the figures were not the correct ones when compared to what would have normally been offered in these circumstances), they may potentially be able to overturn the agreement. However, that would only happen in court so a claim would have to be made to challenge his and that would have to be done by you as you are the ones chasing them for the alleged breach of contract. Therefore, if they refuse to do anything to resolve this, you may have to initiate a claim against them to try and get what was promised and then the court would decide whether the original agreement was binding and should stand, or if it can be overturned based on a potential argument of it being a genuine error

Customer: replied 16 days ago.
Thank you for your response. No dialogue was entered into and I terminated the call telling the gentleman that you were dealing with my query by email
I’m concerned if I proceed it will be costly to me and whether my claim would successful. Are you able to say what my chances are?

Unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitably certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have. Hope this explains things for you