Employment offer reduced - legal standing?

[tim_n]

On Monday my fiance was offered a job at a fair wage considering she would have to move 150 miles away to make the daily commute - we were surprised to find out that they were going as far as making a new salary band for her as they really wanted her. The offer was made in writing from the agency whom the contract is with.

After (verbally I believe) accepting the offer, she was contacted direct by the employer telling her the original offer was too much and it was being dropped by about 4k as the general manager had come off holiday and had said the figure was too high. (it's a reduction of about 20%, so enough to make her reconsider!)

The offer was made by the agency, not directly through the employer and is a permanent contract. The reason cited by the agency is that the offer was not an authorised amount within the business, even though it had been made by the employer.

Any ideas where she stands? Currently she has emailed the agency and said "as you are aware yesterday I was offered x and I accepted this and have handed in my notice. Now I have been verbally contacted by the employer and they have offered y, what are you going to do about this"

Their response was that it was a mistake made by the company and this is a reasonable reason to why they can withdraw the previous accepted offer.

[dp0848]

I'm no lawyer but it looks like offer and acceptance to me. Therefore a contract exists.

[tim_n]

Indeed - that's how I understand it, but I don't know exactly how this would benefit her from here - If she sues, I assume she will loose the job and probably won't get much money as the contract she has quit is limited and nearing completion. On the other hand, she has been disadvantaged by this move and I can't see how a company can just turn round and say that the guy who has been conducting the interview has not got the authority to make an offer after what has been quite a lengthy interview process.

It seems than since a major company has recently had a big cutback of staff meaning the workplace is now flooded with potential recruits, this may be a form of constructive dismissal before she has started.

[itaufait]

Does she really want to work for a company that would do that? In other words, is it more hassle than it's worth?

[tim_n]

it's upset her enough that I would say no, it's not worth it - still, it's worrying people can do this kind of thing especially since they were jumping through hoops to offer her the job.

[dp0848]

Why not see if you can get one of these free half-hour initial consultations with an employment law solicitor to see where you stand?

[Antonia @limeone.com]

Constructive dismissal and unfair dismissal are rights afforded to employees with 12 months employment so the only route open to her is breach of contract. Much depends on whether she will refuse the new offer and if her previous employers will allow her to rescind her notice.


If they will then her remedy on breach is limited as her loss will be low. What does she want to do, work for the new co or return to the old one? Breach of contract cases are determined on loss so it is important to get this sorted first.