Cardiff City Forum



A forum for all things Cardiff City

Urgent Help with legal advice!

Fri Oct 14, 2011 11:50 am

Hey fellow bluebirds

i'll keep it short and sweet

got offered new job conditionally, had phone call, emails with start dates, induction dates, salary etc.
filled out new employee form with bank details, signed etc and sent off
spoke with new boss (who's company is owned by a larger one), he's had letters and emails with my references, uniform size, start date and my trainee management plan.
handed my notice in to current employer

2 weeks to go until i start, had phonecall telling me they have withdrawn their offer of employment

i feel physically sick, they have totally fuckin ruined me, i have lost my livelihood with my current employer as they know i want to leave, i have used most of my holidays up
I will have to grovel to keep job and feel like a c**t


they have treated me like a piece of shit

any legal help/advice will be much appreciated??

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 11:53 am

I feel really sorry for you m8, but you were only offered new job, you didnt sign any contract of employment.....if i ever changed jobs, i always sign contract before handing in my notice.....legally they have done nothing wrong, as you said yourself, you were offered it conditionally......morally however, they are cnuts!

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 11:58 am

CraigCCFC wrote:I feel really sorry for you m8, but you were only offered new job, you didnt sign any contract of employment.....if i ever changed jobs, i always sign contract before handing in my notice.....legally they have done nothing wrong, as you said yourself, you were offered it conditionally......morally however, they are cnuts!


Yeah mate, cheers for that. i was aware of the fact i didnt sign anything legally binding but the embarrassment and f*cking up my livelihood is surely something i want to look into!
i feel sick :evil:

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 12:01 pm

Read this, it may help :( :(

http://career-advice.monster.co.uk/job- ... ticle.aspx

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 12:06 pm

As you have been told they have done nothing wrong legaly.However moraly they have acted totaly unprofesionaly if they are a decent size company contact there H.R. department asking the reasons behind there change of mind you never know some manager might have offered this job to his mate or family member without H.R. knowing its a slim chance but worth a go good luck hope you keep youre job.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 12:18 pm

eighty_8 wrote:Hey fellow bluebirds

i'll keep it short and sweet

got offered new job conditionally, had phone call, emails with start dates, induction dates, salary etc.
filled out new employee form with bank details, signed etc and sent off
spoke with new boss (who's company is owned by a larger one), he's had letters and emails with my references, uniform size, start date and my trainee management plan.
handed my notice in to current employer

2 weeks to go until i start, had phonecall telling me they have withdrawn their offer of employment

i feel physically sick, they have totally fuckin ruined me, i have lost my livelihood with my current employer as they know i want to leave, i have used most of my holidays up
I will have to grovel to keep job and feel like a c**t


they have treated me like a piece of shit

any legal help/advice will be much appreciated??


You do have a case.

If you have all correspondence take it to a solicitor.

Make sure you get their refusal to honour the contract in writing ;)

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 12:26 pm

Jonny, he was only offered it "CONDITIONALLY" if it was offered to him unconditionally he would have a case. Under british employment law you can be dismissed from work within 12 weeks for no reason, all a solicitor would say is if we go to court you may recieve damages based on you working there 1 day and being dismissed....ergo, no point in doing anything. I would ring the head of company and explain what they have done to you and how their unproffesionalism has affected you.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 12:34 pm

CraigCCFC wrote:Jonny, he was only offered it "CONDITIONALLY" if it was offered to him unconditionally he would have a case. Under british employment law you can be dismissed from work within 12 weeks for no reason, all a solicitor would say is if we go to court you may recieve damages based on you working there 1 day and being dismissed....ergo, no point in doing anything. I would ring the head of company and explain what they have done to you and how their unproffesionalism has affected you.


I'm not sure if it was just a conditional offer Craig.

All the terms were agreed. they offered, he accepted, that makes it an unconditional offer?

If he has all the correspondence in email and can get the manager to withdraw their offer in another email, It's a straight forward breach of contract under common law.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 12:40 pm

He said himself in the first paragraph of original post it was a "conditional offer"

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 1:16 pm

eighty_8 wrote:Hey fellow bluebirds

i'll keep it short and sweet

got offered new job conditionally, had phone call, emails with start dates, induction dates, salary etc.
filled out new employee form with bank details, signed etc and sent off
spoke with new boss (who's company is owned by a larger one), he's had letters and emails with my references, uniform size, start date and my trainee management plan.
handed my notice in to current employer

2 weeks to go until i start, had phonecall telling me they have withdrawn their offer of employment

i feel physically sick, they have totally fuckin ruined me, i have lost my livelihood with my current employer as they know i want to leave, i have used most of my holidays up
I will have to grovel to keep job and feel like a c**t


they have treated me like a piece of shit

any legal help/advice will be much appreciated??


That is really bad ,more so at times like this when jobs are hard to fined. I dont think there is much you can do about it , but hit all the Media with your story ,I mean like BBC RADIO WALES , POST BAG NEWS PAPERS AND LOCAL TV NEWS , You may get another Job offer of someone . Good Luck

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 1:55 pm

I had the same happen to me about 8 months ago. Agreed everything an they even asked me to hand my notice in, I told them I wouldn't without written confirmation an then they gave the job to someone else, cunts! Feel for you there fella.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 2:05 pm

CraigCCFC wrote:He said himself in the first paragraph of original post it was a "conditional offer"


Maybe when he's online next he can tell us what the conditions were.

Was it a condition that he supplied good references for example?

Verbal agreements are hard to prove but if the offer was by email then a contract has been agreed and is enforceable by law.

A contract of employment comes into being when an employee agrees to work for an employer in return for pay and if he has all that in writing he should have a case.

It's very important that he gets the withdrawal letter from the manger though.

I'll leave it now until he replies.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 6:05 pm

Tell your current employers you changed your mind. May work.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 6:13 pm

eighty_8 wrote:Hey fellow bluebirds

i'll keep it short and sweet

got offered new job conditionally, had phone call, emails with start dates, induction dates, salary etc.
filled out new employee form with bank details, signed etc and sent off
spoke with new boss (who's company is owned by a larger one), he's had letters and emails with my references, uniform size, start date and my trainee management plan.
handed my notice in to current employer

2 weeks to go until i start, had phonecall telling me they have withdrawn their offer of employment

i feel physically sick, they have totally fuckin ruined me, i have lost my livelihood with my current employer as they know i want to leave, i have used most of my holidays up
I will have to grovel to keep job and feel like a c**t


they have treated me like a piece of shit

any legal help/advice will be much appreciated??

sorry to hear mate,thats shocking :( :( :ayatollah:

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 6:37 pm

Johnny Rythmn wrote:
CraigCCFC wrote:He said himself in the first paragraph of original post it was a "conditional offer"


Maybe when he's online next he can tell us what the conditions were.

Was it a condition that he supplied good references for example?

Verbal agreements are hard to prove but if the offer was by email then a contract has been agreed and is enforceable by law.

A contract of employment comes into being when an employee agrees to work for an employer in return for pay and if he has all that in writing he should have a case.

It's very important that he gets the withdrawal letter from the manger though.

I'll leave it now until he replies.

eighty_8 clearly states it was a 'conditional' offer. To obtain a contract of employment he had to comply with all the criteria set out in the 'conditional' offer such as good references and health record etc

More than likely something went wrong at that stage and the contract of employment was never finalised so unfortunately the new prospective employers are in the clear and 88 doesn’t have a leg to stand on with a claim for breach of contract.

He could bring a discriminatory case against the company if he believed he was denied a contract on the grounds of race, religion, sex, sexual orientation or disability.

However, personally I believe eighty_8 is going about this arse backwards, he should go back to his present employer and withdraw his notice. Admittedly they don’t have to accept is change of mind but if he claims his resignation was done in the heat of the moment (put that in writing) and they still refuse to accept his change of heart he might just have a case for constructive dismissal against them.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 6:47 pm

Tony Blue Williams wrote:
Johnny Rythmn wrote:
CraigCCFC wrote:He said himself in the first paragraph of original post it was a "conditional offer"


Maybe when he's online next he can tell us what the conditions were.

Was it a condition that he supplied good references for example?

Verbal agreements are hard to prove but if the offer was by email then a contract has been agreed and is enforceable by law.

A contract of employment comes into being when an employee agrees to work for an employer in return for pay and if he has all that in writing he should have a case.

It's very important that he gets the withdrawal letter from the manger though.

I'll leave it now until he replies.

eighty_8 clearly states it was a 'conditional' offer. To obtain a contract of employment he had to comply with all the criteria set out in the 'conditional' offer such as good references and health record etc

More than likely something went wrong at that stage and the contract of employment was never finalised so unfortunately the new prospective employers are in the clear and 88 doesn’t have a leg to stand on with a claim for breach of contract.

He could bring a discriminatory case against the company if he believed he was denied a contract on the grounds of race, religion, sex, sexual orientation or disability.

However, personally I believe eighty_8 is going about this arse backwards, he should go back to his present employer and withdraw his notice. Admittedly they don’t have to accept is change of mind but if he claims his resignation was done in the heat of the moment (put that in writing) and they still refuse to accept his change of heart he might just have a case for constructive dismissal against them.


It all depends what the conditions were?
If an offer is withdrawn after it as been accepted then it's a breach of contract.
That, I suspect, is the reason the manager has phoned him instead of writing an email.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 7:01 pm

Johnny Rythmn wrote:It all depends what the conditions were?
If an offer is withdrawn after it as been accepted then it's a breach of contract.
That, I suspect, is the reason the manager has phoned him instead of writing an email.


As the prospective employers they are quite rightly the ones setting the conditions before offering an employemt contract. It is then for them to decide whether the 'conditions' have been met before offering the actual contract of employment. It really doesn't matter what the conditons were only that they were met.

Therefore It is absolutely impossible to sue for breach of contract because until the conditions are met one doesn't exist and informing anyone that they have failed to meet the criteria by telephone instead of Email is a total irrelevance.

Re: Urgent Help with legal advice!

Fri Oct 14, 2011 7:22 pm

Tony Blue Williams wrote:
Johnny Rythmn wrote:It all depends what the conditions were?
If an offer is withdrawn after it as been accepted then it's a breach of contract.
That, I suspect, is the reason the manager has phoned him instead of writing an email.


As the prospective employers they are quite rightly the ones setting the conditions before offering an employemt contract. It is then for them to decide whether the 'conditions' have been met before offering the actual contract of employment. It really doesn't matter what the conditons were only that they were met.

Therefore It is absolutely impossible to sue for breach of contract because until the conditions are met one doesn't exist and informing anyone that they have failed to meet the criteria by telephone instead of Email is a total irrelevance.


So if I book a hotel at Wembley for next May on the condition that Cardiff City make the play off final, they do and I cancel the booking , am I in breach of contract?
Yes, I am!
So 88 needs to tell us the conditions before you can assume the outcome?

Re: Urgent Help with legal advice!

Sat Oct 15, 2011 5:27 am

Hey lads good healthy debate
I havnt gone about it arse backwards and luckily
for me i have my old job back
I just wanted to know where i stood
I have taken advise and i havnt a leg to stand on, apparently

Though i do think its bullshit as ive provided references, and they told me they were fine
Problem is, i didnt receive a formal offer in writing i.e a contract

Its a moral issue rather than a legal one

I know my new boss personally, the decision has come
From the directors of the parent company. I managed to get hold
Of the director of HR. he has offered me management roles
In London but its not the point imo