misleading job advert and interview invite

Nicki

Denning, if you are correct in your analysis, there has been no breach of contract as the offer in your terms was to interview, and the company did indeed interview.

Where you are wrong however in your analysis is that this is not yet a contractual situation. Inviting someone for an interview is in law "an invitation to treat" not an offer (in the same way that displaying something for sale on a shop shelf is not an offer) and therefore the prospective employer isn't bound to offer the terms advertised (or indeed make any offer at all) to those who apply.

SandA

This happened to my other half when I was expecting the little one. He lived 150 miles away so was desperate to get a job near me. The job advert was for a web designer, with a salary of £18k. When he got there, they said 'oh, your not here for that job, we wanted to interview you for an apprenticeship, salary of £105 per week'.

Could we have done anything about this? he spent £100 on petrol also, was absolutely fuming. I know its to late now but would be interesting to see..

Id like to add when he was invited to the interview via email, the email said 'you are invited for an interview for the position of a web designer...'

jacques_chirac

Nicki wrote: »

Denning, if you are correct in your analysis, there has been no breach of contract as the offer in your terms was to interview, and the company did indeed interview.

Where you are wrong however in your analysis is that this is not yet a contractual situation. Inviting someone for an interview is in law "an invitation to treat" not an offer (in the same way that displaying something for sale on a shop shelf is not an offer) and therefore the prospective employer isn't bound to offer the terms advertised (or indeed make any offer at all) to those who apply.

I would also suggest there is no intention to create legal relations. Based on Denning's reasoning anyone that makes an appointment would be entering into a contract - correct in some situations, but certainly not in the case of double glazing salesmen etc!

Denning.

Nicki wrote: »

Denning, if you are correct in your analysis, there has been no breach of contract as the offer in your terms was to interview, and the company did indeed interview.

Well no. If you go to Comet to buy a TV advertised as a colour TV, but get a black and white TV. Comet can't say 'contract complete, we delivered you TV'

I'm sure the company could argue 'they wouldn't have got the job if it was actually X so no harm no foul'. Not sure if that would wash.

Nicki wrote: »

Where you are wrong however in your analysis is that this is not yet a contractual situation. Inviting someone for an interview is in law "an invitation to treat" not an offer (in the same way that displaying something for sale on a shop shelf is not an offer) and therefore the prospective employer isn't bound to offer the terms advertised (or indeed make any offer at all) to those who apply.

Why is it an invitation to treat? It wasn't an advertisement, it was a direct offer to the OP to attend an interview for a position. The invitation to treat would be the placing of the job advertisement.

I don't see why a job offer could not be deemed the subject matter of a contract.

jacques_chirac

Denning. wrote: »

I don't see why a job offer could not be deemed the subject matter of a contract.

This is the fundamental error in your argument - the OP only had an interview, this is not the same as a job offer.

Denning.

jacques_chirac wrote: »

I would also suggest there is no intention to create legal relations. Based on Denning's reasoning anyone that makes an appointment would be entering into a contract - correct in some situations, but certainly not in the case of double glazing salesmen etc!

That would be a business to consumer relationship, that is different to a business to business relationship. Businesses sue each other all the time for 'agreements' breaking down long before a formal contract is formed.

duchy

jacques_chirac wrote: »

I would also suggest there is no intention to create legal relations. Based on Denning's reasoning anyone that makes an appointment would be entering into a contract - correct in some situations, but certainly not in the case of double glazing salesmen etc!

If you break a dentist appointment then the dentist will charge you -basically for wasting their time....... and it is quantifiable as they could have treated and got payment from another patient. No idea how legal it is - but if it is justifiable -does that mean the OP's claim for expenses is justifiable as the loss of a day's pay and the cost of petrol is also quantifiable ?

jacques_chirac

Denning. wrote: »

That would be a business to consumer relationship, that is different to a business to business relationship. Businesses sue each other all the time for 'agreements' breaking down long before a formal contract is formed.

The OP is not a business, they are a prospective employee. Consumer/ sale of goods law is not relevant here.

You have still not offered any precedent to support your assertion.

Denning.

jacques_chirac wrote: »

This is the fundamental error in your argument - the OP only had an interview, this is not the same as a job offer.

I didn't say it was the same as a job offer. By your logic if I sold you a lottery ticket with 'chance to win 1 million', you lose, the actual prize was £1000, there is nothing you can do as you lost. Doesn't matter intentionally lied to you, I just have to hope that the person who won (if anyone did) doesn't sue me.

Loss of chance is actionable
http://en.wikipedia.org/wiki/Loss_of_chance_in_English_law#Contract

jacques_chirac

duchy wrote: »

If you break a dentist appointment then the dentist will charge you -basically for wasting their time....... and it is quantifiable as they could have treated and got payment from another patient. No idea how legal it is - but if it is justifiable -does that mean the OP's claim for expenses is justifiable as the loss of a day's pay and the cost of petrol is also quantifiable ?

You would only be liable for a cancellation charge if it was agreed to in advance of the appointment.