Can workplace custom or conduct override the written terms of a contract?
Where an individual has accepted an employment offer can the employer withdraw it where, for example, a freeze on recruitment has subsequently been put in place?
In what types of dispute are contracts important?
What comprises an offer of employment?
Are conditional job offers binding?
What constitutes an acceptance of an offer of employment?
Are promises made during the interview legally binding?
If an employer makes a job offer and the candidate accepts, can the employer change its mind and withdraw the job offer if nothing has yet been put in writing?
Where there has been an unconditional offer
and the employee has accepted the offer there is a binding contract of
employment, even if the employee has not yet started in his or her first day of
work. If the employer wishes to withdraw the offer once it has been made and
accepted this is in law a breach of contract. The employer would then be liable
for the consequences of that breach, for example notice pay (subject to any
duty to mitigate loss on the part of the individual).
When the contract has been formed by an
unconditional offer and acceptance, the employer should also take care with
regard to the reason for subsequently wishing to withdraw. If the reason is a
freeze on recruitment the risks are not nearly as high as if it is due, for
example, to the fact that the employer has found out that the employee is
pregnant or disabled, in which case discrimination claims might ensue. If the
reason is pregnancy the employer may also face a claim for automatically unfair
dismissal as no qualifying period of service will be required.
Where there has been a conditional offer of
employment, for example one subject to satisfactory references, and that
condition has not been satisfied, the contract has not been formed and the
employer is able to withdraw. Care should still be exercised if the job offer
is subject to health clearance since, if the employee is disabled, the duty to
make reasonable adjustments will apply.
Where an individual accepts a job offer but subsequently accepts another offer from a different company will the first employer have any form of redress?
Where an individual has accepted an offer of employment but has since informed the employer that he or she is no longer able to start on the agreed date, can the employer retract the offer?
What form should an employment contract take?
Is an employer legally obliged to put the contract of employment in writing?
Why are written terms of employment important?
What happens if there is no written agreement of the contractual terms?
In what circumstance would an employment contract not be legally binding?
At what point does a contract become fixed?
What are written particulars and when should the employee receive them?
If an individual whose employment comes to an end fails to return company property what action can the employer take?
Are there any possible repercussions for an employer that persuades an employee who has resigned and accepted an offer with another employer to stay?
How long can an employee be expected to "act up" to a more senior position before the arrangement will be regarded as a permanent promotion?
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