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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78650
Experience:  Qualified Solicitor
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I have been offered a job and resigned from my current job.

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GOOD morning
JA: Hi. How can I help?
Customer: I have been offered a job and resigned from my current job. However before I could even leave my current job then new employee have just called me to retract their offer. and as a good will gesture offered me £2,500
JA: Where are you? It matters because laws vary by location.
Customer: Northampton
JA: What steps have you taken so far?
Customer: no steps as I have just found out however I have resigned and my resignation can not be retracted therefore at the end of the month I am going to be out of a job. even though the new employee has offered me £2,500 as compensation
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no, but I do not have any money to pay a lawyer :-(
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 11 days ago.
please
Customer: replied 11 days ago.
Can we type on here please as i dont have any money

I understand an offer of employment that you accepted has been withdrawn and you have resigned from your current employer so will be without a job at the end of the month.  What reason did the new employer provide for doing this?

No problem. Phone calls are an additional service, which is entirely optional. You do not need to choose to request a phone call as I am still here to deal with your original query in writing over this chat.

Customer: replied 11 days ago.
change of circumstances within the business

Thank you, ***** ***** long have you worked for your current employer?

Customer: replied 11 days ago.
4
months

OK and so that I can best advise, what specifically would you like to ask about this please?

Customer: replied 11 days ago.
the official line in an email just received is
Due to a change in circumstances within the business we are in a very unfortunate situation whereby we must retract our offer of employment to you.
Customer: replied 11 days ago.
can they do this, do I have any power to increase the amount, what can I do

Thank you. When did you accept the offer and when were you due to start?

Customer: replied 11 days ago.
last week and I have all the emails

and when were you due to start?

Customer: replied 11 days ago.
I told them monday I had resigned and would advise them my start date. I emailed them in the afternoon to say I can start Tuesday 9th August
Customer: replied 11 days ago.
I had no reply until a phone call and email just received now

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 11 days ago.
Hi Kelly,Further to our telephone conversation this morning I write to confirm our discussion.Due to a change in circumstances within the business we are in a very unfortunate situation whereby we must retract our offer of employment to you.As discussed and agreed with you, we will transfer the sum of £2,500 via bank transfer as a gesture of goodwill to reflect one month’s salary after deductions.In order for me to arrange this payment, may I kindly request you email me your bank details. As soon as payment has been made I will of course notify you.May I take this opportunity of apologising most sincerely ***** ***** and wish you the very best.Kind Regards,Sophie Yorke
Customer: replied 11 days ago.
thank you Ben.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Customer: replied 11 days ago.
Good Afternoon Ben, sorry to chase however I was wandering if you had an update for me.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

The main thing to consider is whether you had formally accepted their offer, rather than just it being a tentative acceptance, with an official, one still to come. That would depend on what was said and if it was clear on your part that you had accepted the offer and were proceeding with it. If that was the case, a contract would have been formed.

Sometimes, an employer may change their mind with a recruitment they have made and decide to withdraw that offer of employment.

If the offer was conditional on anything such as references, background checks, etc it can be withdrawn if any of these conditions have not been met.

However, many job offers are unconditional, which means that a legally binding contract would have been formed as soon as it was accepted. This places certain obligations on both parties – the worker would be expected to commit to the job and start it as agreed and the employer would be expected to employ the worker as promised.

If the employer does not want to proceed with the offer and subsequently withdraws it, then the argument is that they have acted in breach of contract. No one can force them to still take the worker on, but the worker could consider pursuing the employer for damages incurred as a result of that breach. These would usually be loss of earnings resulting from the worker not having a job to start as promised.

As the withdrawal of the offer will also end the contract, it should be terminated by following any termination provisions in it, such as the requirement to give specific notice. In that case, the worker can expect payment for the notice period which they would have been due under the contract in the event it was terminated by the employer.

There are occasions when no contract would have been issued and therefore, no specific termination notice period would have been defined. In these circumstances, a court may look at awarding a ‘reasonable’ notice period. That may vary on a case-by-case basis, but just as an example, in the case of McCann v Snozone Limited, the court found that a month was a reasonable notice period and awarded that to the worker. That could be used as a reasonable target in the event there was no written contract in place.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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