Is there any legalities when it comes to being offered a position then the offer not being materialised? | LawHive - Solicitors & Lawyers Online
Is there any legalities when it comes to being offered a position then the offer not being materialised?
3 weeks and 5 days ago I was offered a new job, drastically more pay, better hours etc etc I accepted it, in writing, without hesitation and subsequently informed my current employer of my resignation and began working my notice period. Now a few days before I’m supposed to be starting with my new employer I have received a phone call informing me that unfortunately they have ‘retracted my offer due to unforeseen circumstances’. I attempted a 180 and wrote a letter to my manager asking to retract my notice of resignation… It was DECLINED! So, as of Thursday I am jobless for the first time in my adult life and will be screwed financially! Is there any legalities when it comes to being offered a position then the offer not being materialised?

Regina Davis

8th October 2021



Top Answer
Did you sign an employment contract? Even so the new company may only have to pay you for a week or so depending on their T&Cs. I’m sorry to hear this happened to you but I’m sure you’ll get another role sooner rather than later.

Susan Scott

4th February 2022



Had they made you an offer in writing? If yes you may be entitled to a notice payment. Contact them and tell them you’d like to reach an agreement before taking a complaint and settlement request forward via ACAS However please note, if the offer was dependent on clearing screening and they made you aware of this from the outset, and you have subsequently failed screening you may be out of luck

Pam Kleine

4th February 2022



Op HR person here. Can you copy and paste exactly the wording around your notice period. Specifically including if there is a probation period and if that changes your notice period please.

Virginia Greis

4th February 2022



It depends on whether it was a conditional or unconditional offer. It doesn't matter whether you had already signed the contract - if it was an unconditional offer, they can't retract it from the point where you accepted it (especially helpful from an evidence perspective if you have your acceptance in writing). If it was conditional and retracted based on one of those conditions not being met (e.g. pending confirmation of your references, DBS check, etc.) the same protections don't apply. I would contact ACAS or Citizens Advice for further advice specific to your situation, but your ability to take action will likely depend on the conditional or unconditional aspect. More info here: Source: had an unconditional offer retracted, challenged it, and won. Edit: further to a good point made down thread, worth noting that if unconditional, they have to respect the terms of notice in the contract (which could be a week, a month, PILON, whatever it stipulates). Withdrawing an unconditional offer is essentially equivalent to termination of employment without notice in that regard.

Frances Creek

4th February 2022



What notice period do they have to give you? If the notice period they give you would now take you beyond your contract start date, you could at least claim that money back. If it's only a weeks notice it won't be much though.

Gregory Bolton

4th February 2022


Follow the advise about chasing up the new company for a notice period payout. But if your worried about money, contact local temp agencies as they should be able to find you immediate work in the short term if you don’t have any savings to bridge the gap to permanent employment

Laurie Smith

4th February 2022



Also worth getting onto immediately to see what benefits you can claim as a stop gap. Universal Credit can do a bridging loan. You don't want to be caught short. There is no shame. This is what our countries safety nets are for. Your local citizens advice can assist with both a benefits claim, food vouchers for your local food bank and with the employment offer being retracted. If you have a mortgage then explore a months repayment holiday (be warned of extra interest spread across the term of the mortgage). Or you might have insurances in place to assist. If you have creditors and can't afford repayments then contact them. Do not take out payday loans. If they won't allow you a repayment holiday then you can ask for something called 'Breathing Space'. They can't chase you for 60days. You only get so many times to play this card though! Best of luck to you Edited to add below link to Citizens Advice x Edited again to add: I assume the worst but wish you the best. If your situation leaves you with no funds and any creditors are areseholes then explain your situation, that you are engaging with CA and to not take action. They have to follow a collection process so nothing is immediate. You can't show preference and enter into repayment plans with one as this can impact future options if things get dire. This being said, pay rent or mortgage, council tax and TV licence as these are the important ones.

Maude Reed

4th February 2022



I recommend writing to a senior memeber of the company explaining the finicial hardship this has put you in and ask for the money you need for the next few weeks untill you’re able to get a new job.

Kenneth Vega

4th February 2022

You will be entitled to the notice payment in your probationary period as noted in your contract. May only be a week or possible one month whatever is written there but if they cancel a contract they do have to do with notice Re the “typo” with 2020 vs 2022 if you have paper trail of signing it when you did it shouldn’t make a difference

James Mcmichael

4th February 2022



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