Job offered, then changed

tim_n

My fiance has just managed to get herself a top job. She was offered a reasonable figure - especially since she was going to have to move 150miles away (more than a reasonable commute and we're mortgaged)

The contract was supposedly being sent today - they were just waiting for a start date however she got a call direct from the employer (the offer originally came from the agency) saying that the offer was retracted (After verbal acceptance) because the general manager has come back from holiday and the offer was unfair to the other employees who started on less. Therefore they wanted to offer the same job for 4k less.

Apart from making her cry and me furious, surely this is a matter of offer and acceptance (a binding contract) and if not, how does she stand! It was going to be a struggle for her to move as it was and now she can't possibly afford it - it's almost constructive dismissal before she'd even started there!

arealbasketcase

I would tell your fiance to go through the agency, make them earn their fee, they should be able to advise her.

They might try to push her into accepting anyway because they want their fee but they are there to help both sides, aren't they?

The company are out of order contacting her directly, it's definitely not cricket.

Horace

I think that I am right in saying that her contract is with the agency as they found her the job, she should be contacting them to discuss the offer and she should tell them that she was contacted directly by the employer who wa snow offering £4K less - it is up to the agency to fight on her behalf.

HTH

tim_n

unfortunately the agency doesn't seem at all bothered by this!

cwp500

Dont accept the job.

It either shows incompetence by management or duplicity. Not a good start.

If she forces them to swallow the salary increase she will be the focus of discontent and envy with the existing staff.

Better luck with a decent employer.

therealdessie

The agency get around 20% of the annual salary as a fee, depending on how much the salary was 4k might not be considered worth their time, especially if it risks upsetting the client.

You should never accept a role without a firm written offer for this reason...

tim_n

It was written - though technically by email stating the salary etc.

Her current feelings are 'stuff it'

standupguy

This is from the Direct gov website regarding employment contracts



"Is it breach of contract to withdraw a job offer, or to turn it down, after it has been accepted?

Yes. The contract is made as soon as you accept the offer, and both sides are bound by the terms until the contract is terminated."









"However, once you've accepted an unconditional offer, and the prospective employer withdraws it, you can claim for compensation for breach of contract."

You have a claim for compensation - I would be claiming an amount equivalent to whatever the notice period was - don't let them get away with this!

therealdessie

I think that would only apply in the case of an actual contract being signed by the company, most mails are disclaimered against these types of thing

standupguy

No, I think you will find this applies to a verbal offers also