How unfair is this?

[Kirstyhev]

I attended an interview about 4 weeks ago with the well known company Liberata. A few days after the interview, I was told over the telephone that I had been successful and they offered me the position to which I accepted. The lady told me that I would receive a written letter confirming what had been agreed over the telephone. After a few days of not hearing anything, I decided to phone the lady and ask her when I was likely to recieve the letter, so that I could had my notice in to my current employer, she explained that the general manger of the company needed to "sign off" the paperwork, and that i would have the letter in the next few days. After a couple of weeks of phonecalls and excuses from Liberata about why the letter hadn't been sent, (I had kind of lost faith in this job ever materialising at this point), I finally received a missed call on my mobile yesterday from Liberata, no message was left so I called them back today and was told that due to personal business reasons the job was no longer available! That was it. No further explanation given. I am currently in the middle of writing a complaint to Liberata's head office. Would anyone have any ideas of exactly what to put in the complaint letter?

[WendyS]

If they have made you a verbal job offer which you accepted, they have effectively broken their contract with you. It is a good thing you were waiting for the paperwork to arrive before resigning from your current job. Do you think there might be a problem with any references which might have been taken up? They may, of course, be suffering from poor business results and have had sudden instructions from senior management to freeze all recruitment but might not want to admit this. However. I would write to them saying they have broken their contract with you and ask for compensation of a month's salary. Point out to them how destructive it is of an individual's career and reputation with their current employer to put them into the position of offering their resignation and then having to eat humble pie and ask if they can withdraw it. You don't have to admit that you didn't get to that point but it might prick their consciences. I doubt if they will pay you any compensation but it's worth a try.

[Kirstyhev]

Thanks, no I didn't provide any references to them. Someone suggested that maybe the girl that was due to leave changed her mind??

[badgerchops]

Withdrawing an offer, whether verbal or written, after it is accepted is a breach of contract. Offers of employment can be made subject to certain conditions, eg satisfactory references, in which case the contract will not be complete until that condition is satisfied, however if they have not applied for references this is not a valuable reason.

I think take this further Kirsty, The offer was withdrawn and this has had nothing to do with anything like an unsatisfactory reference. Whilst a verbal reference is not worth the paper it isnt printed on i think you can have fun with them a little. It is very rare for a company to withdraw an offer and so i think you should complain strongly.

[badgerchops]

Ring ACAS before sending the letter
http://www.acas.org.uk/
08457 47 47 47

[Kirstyhev]

Hi, thanks for your answers. I called ACAS last night and they told me to seek legal advice to see whether I have a strong enough case. The lady told me that because nothing was put in writing, I may not get very far.

[cascarelli]

I can sympathise to a degree, but really it's only your word against theirs. You haven't lost out so I can't see what you would be compensated for? I think if you had evidence that they had offered you a position (such as a letter) and you had resigned on the strength of that then you would have had a case. As it stands, it would be very hard to prove anything unfortunately. I'd put it behind you and move on.

[Kirstyhev]

Thanks for your answer, however, I feel very strongly about this and I am not prepared to just leave it. I think Liberata's head office should be informed of how their company is being portrayed by this one branch. I know that I will probably not be offered any compensation but hey, if you don't ask you will never know. I wasn't pinning all of my hopes on this verbal agreement, but I feel angry that it was dragged out for 3 weeks. I am still very angry, however, once the letter has been sent I will be able to put it behind me.