Contract offer withdrawn before papers sent - legal status?

[jondude]

I was offered a contract (public sector) for a job starting in the new year and then two weeks later (that is today) told the company now had new managers who had decided I was not needed.

Just wondering has any contract law been broken here, or as I did not actually receive the worded papers and sign is it just tough?

(Here in the UK)

[anonymous-user]

All depends on the terms of the offer and your acceptance of it. The absence of a written agreement would not necessarily be fatal. Having said that, your claim if any would be limited to the payment for the notice period.

[Toaster Pilot]

A lot of contracts have a clause saying they can be cancelled before the start date without notice or penalty - given you haven’t even signed anything I doubt you have any recourse.

Never stop looking until it’s signed and even then be wary!!!

EDIT - my assumption is that you are a contractor / consultant

Edited by Toaster Pilot on Thursday 16th November 20:45

[elanfan]

I doubt the employer could rely upon a clause in a contract that he hasn't even seen. If you feel really miffed you could try a letter before action. At best you might get some cash otherwise you give them a bit of a headache and they just might treat people better in the future

[Terminator X]

You hadn't started so no "acceptance" imho eg you need offer and acceptance. Even if you had of started they can get rid of you for any reason at all for first 2 years so could have waited and done it on first day too. Suck it up move on imho.

TX.

[Black_S3]

Not meaning to be unhelpful, but it sounds like no contract signed so no chance of contract law being relevant... Maybe something in employment law if you had an offer in writing - i really know f all about this though.

Edited by Black_S3 on Friday 17th November 01:27

[anonymous-user]

The existence of a contract does not depend, save in some limited contexts, on a written agreement. Nor is acceptance dependant on starting a job. It is impossible to say whether or not the OP made an enforceable agreement because he hasn't told us sufficient facts.

The two year point mentioned above is not relevant to someone who is offered work as a contractor rather than an employee, and is in any event only relevant to the statutory right to claim unfair dismissal. It does not bear on the right to notice of termination of a a contract.

Contract law and employment law are not two separate things. Every employment relationship is based on a contract.

[Alucidnation]

I wouldn't want to work for a company that had it's managers forced to employ me.

[anonymous-user]

You are Groucho Marx AICMFP. No one can be forced to work and the company can't be forced to employ the OP, but it could, subject to the facts (which we don't know) be compelled to pay the OP for the notice period if it made a deal and reneged on it.

[Alucidnation]

Ah, fair do's.

[benz0]

Black_S3 said:

i really know f all about this though.

Edited by Black_S3 on Friday 17th November 01:27

why on earth would you bother to speculate then?

[anonymous-user]

For some reason, many people are keen to be amateur lawyers. In theory that's a good thing, and a sensible education system would teach people about the constitution, the legal system, and basic points about contracts and so on, but in the internet pub people just blurt out the sort of 100% wrong stuff that you can see on this thread.

[anonymous-user]

As an example:-

Black_S3 said:

... no contract signed so no chance of contract law being relevant...

That shows complete ignorance of the law of contract. It is a common error to assume that all contracts must be written, but a moment's thought about real life indicates that this can't be so.

He goes on -

Black_S3 said:

Maybe something in employment law if you had an offer in writing -

That not only assumes that employment law isn't (as it is) a subset of contract law (with some statutory add-ons), but also talks about a written offer - in other words something that could found a contract, so the thinking is confused. I suppose that people mean to be helpful, but it's a bit like someone standing by as a doctor tries to set a broken leg and offering advice based on zero knowledge and relevant experience.

[Sheepshanks]

Breadvan72 said:

The existence of a contract does not depend, save in some limited contexts, on a written agreement. Nor is acceptance dependant on starting a job. It is impossible to say whether or not the OP made an enforceable agreement because he hasn't told us sufficient facts.

The two year point mentioned above is not relevant to someone who is offered work as a contractor rather than an employee, and is in any event only relevant to the statutory right to claim unfair dismissal. It does not bear on the right to notice of termination of a a contract.

Contract law and employment law are not two separate things. Every employment relationship is based on a contract.

With the words 'public sector', 'company', 'job' and 'contract' in the OP it's surely not possible to figure out what 's going on here at all?

[anonymous-user]

It may be that the offer was from a company that is providing some outsourced service in the public sector, but the OP has done the usual Knock Down Ginger act, so we may never know.

[Never you mind]

Been a contractor for years and I have experienced this before, last time was in the public sector oddly enough ( Budget cuts 4 weeks before start date). You can't do owt about it. Even if you have a signed contract if you haven't even got you foot in the door it can still be cancelled and even having you foot in the door your contract can be cancelled usually within 24 hrs.


Unless you got your contract directly and not through Capita for example most agency won't pay unless they get paid ( I bet you opted out as well didn't you - most do, myself included). There will be a clause in your contract to state this anyway, there usually is.

Contracting can be financially rewarding but you have ZERO job security.

jobserve.com is where you want to be now.

Edited by Never you mind on Friday 17th November 14:20

[Amateurish]

jondude said:

I was offered a contract (public sector) for a job starting in the new year and then two weeks later (that is today) told the company now had new managers who had decided I was not needed.

Just wondering has any contract law been broken here, or as I did not actually receive the worded papers and sign is it just tough?

(Here in the UK)

What did the job offer say, and what was your response to it?

[Sheepshanks]

Never you mind said:

Contracting can be financially rewarding but you have ZERO job security.

Well, it's as secure as the termination clause in the contract, surely?

Is it much different in practice for employees?

[Never you mind]

Sheepshanks said:

Never you mind said:

Contracting can be financially rewarding but you have ZERO job security.

Well, it's as secure as the termination clause in the contract, surely?

Is it much different in practice for employees?

Employees could go through a tribunal, have disciplinary processes and usually have longer notice periods. All my contracts have usually been 24hr notice period, occasionally a week and even then they want you off site way before that. I have had notice periods paid though even though I've not be on the clients site. As I said most contacts are through agencies not direct. IF the client doesn't want you on site your beef is the with agency and agencies protect themselves with clauses in your contract. And as most contractors opt out of the agency regs due to IR35 your pretty much fked!

Amateurish said:

jondude said:

I was offered a contract (public sector) for a job starting in the new year and then two weeks later (that is today) told the company now had new managers who had decided I was not needed.

Just wondering has any contract law been broken here, or as I did not actually receive the worded papers and sign is it just tough?

(Here in the UK)

What did the job offer say, and what was your response to it?

I would bet it went something like this

Hi mate, good news, the DWP/DVLA/HMRC want you at x per day. I'll get the paper work over as soon as possible. Usually takes weeks though so start won't be till next year.. Anyway, congratulations. See ya.. Douche bag agent.

Edited by Never you mind on Friday 17th November 14:55

[surveyor]

Would the doctrine of Promissory estoppel help the OP? Assuming he’s done something to reply on the offer such as quit a job...

On the face of it, it looks like it might apply, but I understand it is used as a shield and not a sword.

Would be interested to hear a legal eagle as I’m winging it here.