Verbal Offer - Binding or not?

Rudess

I've been on furlough for a month now and been interviewing with some companies in order to find a new job. 
Last Friday one of the companies I was interviewing with, have written to me that they would like to offer me a job and they will have a chat with me Monday to give me all details. 
I had a call with their HR person on Monday in which we agreed on the basic salary and starting working day, he then said he'll email me the details. Meanwhile I confirmed to him back in writing by email that i'm accepting the verbal offer and look forward to start working on the agreed date.
A day passed and I didn't get the written offer, so I rang the same HR person - he updated me that there are some 'complications' as I was supposed to replace someone who. is leaving, but is not going to leave for time being?!

I did some research and before I contact a solicitor wanted to ask for opinion here as well. My understanding is that a verbal offer is binding as long as there were no conditions attached to it (there were no conditions in the offer that they gave me).  
What would you do if you were me?

sharpe106

Do you really want your first interaction with a new employer to be through a solicitor? Even if you win I doubt you would win any popularity prizes. As you are furloughed you are still being paid so I would try to find out how long it would be till they could employ you and tell them was still interested if you still wanted to work there, although I would be unsure about wanting to work for them if that how they treat people.  

Rudess

sharpe106 said:

Do you really want your first interaction with a new employer to be through a solicitor? Even if you win I doubt you would win any popularity prizes. As you are furloughed you are still being paid so I would try to find out how long it would be till they could employ you and tell them was still interested if you still wanted to work there, although I would be unsure about wanting to work for them if that how they treat people.  

Thank you very much , lots of very good points!
From a legal point, is it your understanding that verbal offer is binding?

[Deleted User]

Don't know that there is anything you can do apart from have them consider you the moment another vacancy comes up.
They could easily say you fail their checks - I had a job offer withdrawn 2013 after being verbally offered, as then didn't pass one of the checks with a dro in place, (again withdrawal being verbal to) wouldn't put anything in writing of course.
They took references but left credit checking till last so on the Friday prior to starting on the Monday it was a no (I was fortunately unemployed at time) years later in 2019 I found out I didn't miss anything and probably could have been a little grateful I didn't completely blow my chance back in 2013. 
 

Rudess

Deleted User said:

Don't know that there is anything you can do apart from have them consider you the moment another vacancy comes up.
They could easily say you fail their checks - I had a job offer withdrawn 2013 after being verbally offered, as then didn't pass one of the checks with a dro in place, (again withdrawal being verbal to) wouldn't put anything in writing of course.
They took references but left credit checking till last so on the Friday prior to starting on the Monday it was a no (I was fortunately unemployed at time) years later in 2019 I found out I didn't miss anything and probably could have been a little grateful I didn't completely blow my chance back in 2013. 
 

Thanks for your response. Clearly in your case the job offer was conditional, which then gives the employer the right to withdraw potentially if references for example are not satisfactory etc. 

sharpe106

Yes a verbal offer is just as good as a written offer. But in practice it is a lot more difficult to prove the details if it’s not in writing. But even if you do win, you will probably find it a pointless victory. To me you best bet if you want the job is to find out as much as you can about the situation and stay on furlough with your current employer until the new company can employ you. Maybe even look elsewhere but I think taking it further is only going to burn your bridges with them. 

theoretica

Even if the offer had been in writing and signed, or you had started the job, they could turn round and simply give you notice.

JReacher1

This is quite an interesting case really. 

You’re currently getting paid by your current employer and you are proposing to sue a potential future employer for withdrawing a verbal offer of employment. 

Best case scenario if you won this case you would get your notice period at the new employer but as you’re being paid by your current employer I can’t see that being granted.  No legal process would think you earning two wages in one month would be fair! 

Pleas keep us updated as I’m interested in knowing what happens!

sharpe106

I don't think from reading his post the OP is planning on suing them for money, rather to make them to keep to the job offer. As if won would not cover the cost of the solicitor if was going for breach of contract.  

k12479

Reading the post I suspect it might be difficult to prove that an oral contract was formed and it wasn't just potential start dates given existing notice period, salary, etc. just being discussed in order to put together a formal offer.

Brynsam

Rudess said:

I've been on furlough for a month now and been interviewing with some companies in order to find a new job. 
Last Friday one of the companies I was interviewing with, have written to me that they would like to offer me a job and they will have a chat with me Monday to give me all details. 
I had a call with their HR person on Monday in which we agreed on the basic salary and starting working day, he then said he'll email me the details. Meanwhile I confirmed to him back in writing by email that i'm accepting the verbal offer and look forward to start working on the agreed date.
A day passed and I didn't get the written offer, so I rang the same HR person - he updated me that there are some 'complications' as I was supposed to replace someone who. is leaving, but is not going to leave for time being?!

I did some research and before I contact a solicitor wanted to ask for opinion here as well. My understanding is that a verbal offer is binding as long as there were no conditions attached to it (there were no conditions in the offer that they gave me).  
What would you do if you were me?

'Before you contact a solicitor' - get real, for goodness sake! What sort of action do you envisage: suing for specific performance? Liquidated damages (in which case, what exactly is your financial loss?). Throwing a tantrum to prove a point?

Job offers can always be withdrawn, whether they were made during a conversation or in writing. Whether that withdrawal has any consequences depends on a lot of things - and in this case, any solicitor worth their salt would point out there is nothing for you to claim, since you've suffered no loss. You are still employed, haven't resigned and if this is indeed a breach of contract, can mitigate your losses (which you are required to do if you are claiming breach of contract) by staying with your current employer.