Is a verbal job offer binding?

[cgksheff]

"A verbal agreement isn't worth the paper it's written on!"

 

 

 

Slaw Rebchuk

[pedr]

I'd consult a solicitor - if you really want the job that badly!

 

Basic contract law allows for fully binding contracts to be concluded verbally. If you accept the contract prior to the offer being withdrawn, both parties are bound. It may be that if proper procedures weren't followed other parties might have cause for complaint or a claim for compensation but that wouldn't necessarily affect the existence of a contract between you and the potential employer. On the other hand, your remedy would probably be damages for breach, not an order that the contract be performed - courts don't like to order the enforcement of employment contracts, as a rule - so the question would be, "how much money have you lost due to the breach", not, "does the company have to employ me?"

 

But as I said, contact a solicitor.

[GrayFace]

hi folks ive resurected this thread as the auto suggest on this site says the thread exists, so here goes, i went for a job interview last august and was verbally told id got it, i was assured in december that id start in the new year

i paid £61 for the enhanced disclosure and think i signed something but im not sure wether that was related to the application process

 

heard nothing but today whilst browsing JCP website ive seen the job has been advertised again !!

ive emailed the company and asked them to refund my disclosure money, if that, im not really bothered about working for a company who 'slow times' you and doesnt answer their phone calls they can keep the job for some other poor soul,

but its frustrating to say the least that ive been hanging on and on for a job that never happened is there anything i can do if they refuse to give me my money back? does anyone know what my rights may be?

£61 is a lot of money from someone whos outa work thinking they have got the job so i paid it, well peed orf!

confused

GF:confused:

[Jeffrey Shaw]

Post #22 is largely accurate.

Other than land contracts, contracts can generally be oral or written.

 

Basic E&W contract law requires three things. They are:

1. Offer (whether to sell, buy, or whatever).

2. Acceptance of offer.

3. [the messy one] Joint intention to create a legally-binding contractual relationship. This is usually evidenced by:

a. 'consideration' [= money or value passing as a counterbalance to the goods/services supplied]; or

b. the doctrine of 'part-performance' [= if the parties' actions suggest that they're treating themselves as bound, they are]; or

c. estoppel [= one party relies on the other's representation (re binding relationship) to own detriment]; or

d. embodying the agreed terms in a formal Deed [= executing Deed shows clear intention to be bound].

 

So employer offers job. Employee accepts. Unless there's an element under item 3 above, they're probably not bound.

[TaxiBaz]

Again, I don't to go into too much detail but I do have written evidence I was appointed. The problem is with the procedures that happened during the recruitment process which emerged later.

 

Are you saying they found something out about you they didn't know at first. Hence the change of mind ?

 

Could this be ageist, sexist, racist ?

[GrayFace]

Post #22 is largely accurate.

Other than land contracts, contracts can generally be oral or written.

 

Basic E&W contract law requires three things. They are:

1. Offer (whether to sell, buy, or whatever).

2. Acceptance of offer.

3. [the messy one] Joint intention to create a legally-binding contractual relationship. This is usually evidenced by:

a. 'consideration' [= money or value passing as a counterbalance to the goods/services supplied]; or

b. the doctrine of 'part-performance' [= if the parties' actions suggest that they're treating themselves as bound, they are]; or

c. estoppel [= one party relies on the other's representation (re binding relationship) to own detriment]; or

d. embodying the agreed terms in a formal Deed [= executing Deed shows clear intention to be bound].

 

So employer offers job. Employee accepts. Unless there's an element under item 3 above, they're probably not bound.

 

i was offeerred job, so then paid the enhanced disclosure fee, then heard jack...

GF x

[Jeffrey Shaw]

But compare that to a letting. L offers, T accepts, T pays referencing fee. No letting, there.

[HeadingNorth]

A verbal contract is legally binding in theory, but unless the other party admits that you had one, you can't prove it ever existed, so it's worthless in practice.

[Jeffrey Shaw]

unless the other party admits that you had one, you can't prove it ever existed, so it's worthless in practice.

Not true. Every contract, and every other dispute, always turns on EVIDENCE.

[GrayFace]

A verbal contract is legally binding in theory, but unless the other party admits that you had one, you can't prove it ever existed, so it's worthless in practice.

doesnt the crb disclosure with the firms name and date on it mean something? why would anyone get crb for a firm who they are never going to work for, as CRBs are not valid from one employer to another are they?

 

GF:confused: