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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50183
Experience:  Qualified Solicitor
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This question is on behalf of my daughter. Following an

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This question is on behalf of my daughter. Following an interview my daughter was offered a job (unconditional) with the TSB, she accepted the offer within the hour, but approx 2 hours later was sent forms for authorisation to credit check her history. These checks have taken approx 7 days , my daughter has resigned her position a number of days ago, and has just been informed her new employer is withdrawing their offer of employment due to her adverse credit history. Would I be right in assuming due to the timeline she has engaged in an unconditional offer of employment prior to conditions being made ? any help greatfuly recieved, regards Dave

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?

Customer: replied 1 year ago.
I believe not Ben, there is a third party involved being an employment agent, but the time lines seem clear, offer of employment at 1200, accepted at 1330, email requesting authorisation to credit check at 1400

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

Customer: replied 1 year ago.
Ben, to be honest before I go spending £100s on advice for a third party ( albeit my daughter) I would need to consider if by pursuing the damages line for breach of contract would compensate for her resignation from her current employer, ie would a normal damages claim be equivalent to her loss of income incurred or is it just put it down to a bad day !!

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

Customer: replied 1 year ago.
Ben, as they have withdrawn their offer of employment the "hiring and firing" scenario will not take place, however "with good faith" the situation is my daughter has resigned her position in another company based on an unconditional job offer and will be unemployed through no fault of her own within a few weeks.As such would it be normal to expect a damages claim to compensate her loss of income or not even that , or would it be normal for the courts should it go that for to take into account punitive damages

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

Customer: replied 1 year ago.
Ben, many thanks for your answers, more than happy to "rate" your advice given, just need to clarify I have worked this out correctly, so , lets say for arguments sake her wages were £1500 per month , and the contract for employer termination was 1 months notice. The maximum claim for breach of contract would be £1500 ? , in which case it would appear self represented small claims action would be the way rather than spending £1000s on representation. Can you please confirm I have got this correct, if so many thanks for your advice, Dave

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.

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Customer: replied 1 year ago.
Many thanks Ben for your honest advice and assistance, Best Regards Dave

You are welcome, all the best