The recent case of McCann v. Snozone Ltd
ET/3402068/2015 demonstrates that verbal job offers can be legally
binding and withdrawal of such an offer may constitute a breach of
In this case, the employer (Snozone) engaged a recruitment
agency to source suitable candidates to fill its maintenance
engineer vacancies. Following two interviews, Mr McCann (the
Claimant) received a call from the recruitment agency which offered
him the job verbally. The Claimant's salary and start date were
not discussed as part of this conversation.
Snozone subsequently denied that the Claimant had been offered
employment and the Claimant brought a claim in the Tribunal for
breach of contract.
The court's decision
It was held that Snozone, acting through the recruitment agency,
had verbally offered the Claimant a job, which he accepted, and
therefore created a contract of employment. As such, the Tribunal
directed that the parties had created legal relations which could
only be terminated by giving notice. It decided that, given Snozone
withdrew the offer (therefore terminating the contract without
notice), the Claimant was entitled to damages for breach of
contract amounting to one month's salary as well as tribunal
This situation highlights that clear communication in a
recruitment process remains vital, whether you are using a
recruitment agency, or recruiting directly. Employers are
encouraged to make offers of employment to candidates in writing
with an offer letter, rather than orally. An offer letter should
the job title and the offer of that job;
any conditions that apply to the offer (which will enable the
employer to withdraw the offer without breaching the contract if
the conditions are not satisfied);
the terms of the offer (for example the salary, working hours,
place of work, holiday entitlement etc.);
the start date and any probationary period;
what action the individual should take to accept the offer
(making it clear that the offer will not be deemed accepted until
the required action is complete); and
whether the letter is to form part of the contract of
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The event will be attended by hundreds of students and representatives from top Italian and international law firms, who will have the opportunity to meet and discuss. For many students this will be the very first approach with the legal professional world, and for us it will be a great occasion to meet the young talents of the future.
Dentons is sponsoring the conference titled “Non-performing loans market, between demand and offer” organized by SDA Bocconi School of Management, one of the most prestigious business schools in the world.
The conference will be dedicated to present the results of an innovative and extensive research on the non-performing loans market, by making a clear distinction between demand and offer. The research tackles problems and opportunities perceived by the operators dealing with the NPL market.
The seminar will take place on 31 March 2017. It aims to provide German companies with an overview of the latest developments in relation to insurance coverage, banking transactions and legal aspects of doing business with Iran.
In SSE Generation Limited v Hochtief Solutions AG and another decided on 21st December 2016, the Court of Session in Scotland considered a contractor's potential design liability under the NEC Form of Contract.
Case law concerning the Agency Worker Regulations remains limited. We recently advised a recruitment business involved in a dispute with a "temp" and a hirer regarding who was liable for an alleged breach of AWR Regulation 5.
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