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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5169
Experience:  Owner at James Bruce Solicitors
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I had a job offer with a signed contract from april 6,

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JA: Hello. How can I help?
Customer: I had a job offer with a signed contract from april 6, however a week before the start date i got a phone call saying the job will need to be postponed as the UK was about to enter lockdown due to covid 19 and this company had no capacity to accommodate a work from home scenario. The postponed date was to June 1, few days ago I got a phone call saying there is a high chance the job offer is going to be rescinded and that I start looking for a new job just in case. Am I still entitled to a payment by the company from April 6 even though I did no work ?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My notice period for the first three months is 1 week then a month after this

Hello I will assist you today.

was the job offer an unconditional offer?

Customer: replied 1 year ago.
it was conditional based on satisfactory reference
which i am confident of getting

Thank you for confirming that.

if the job offer was unconditional, and then withdrawn, the company would be in breach of contract with you, even thought you had not stated the job.

However, this is not the case with a conditional job offer. With a conditional job offer the conditions would need to be met to be enforceable. However, the conditions not met would have to have bee at the fault of the applicant, ie you. Therefore, if the employer fails to take up references, then breach of contract should still be available to you. If the references are taken up, but they fail to satisfy the employers requirement, then the condition would not be met and there would be no breach.

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