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
Dentons is the world's first polycentric global law firm. A
top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm
is committed to challenging the status quo in delivering consistent
and uncompromising quality and value in new and inventive ways.
Driven to provide clients a competitive edge, and connected to the
communities where its clients want to do business, Dentons knows
that understanding local cultures is crucial to successfully
completing a deal, resolving a dispute or solving a business
challenge. Now the world's largest law firm, Dentons'
global team builds agile, tailored solutions to meet the local,
national and global needs of private and public clients of any size
in more than 125 locations serving 50-plus countries.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Dentons will hold a Competition Breakfast Seminar on February 28, 2017 titled: Rebates and discounts under EU competition law – lessons of the Intel case. Renowned competition lawyer James Venit from Dentons’ Brussels office will be joining co-heads Tihamér Tóth and Tünde Gönczöl of Dentons Budapest’s
You are cordially invited to a practical seminar on private antitrust enforcement in light of the soon to be implemented Damages Directive, which we address to the banking and finance sector. During the seminar we will present new tools designed for cartel damages litigation in light of fast forwarding the legislative process in Poland from a lawyer’s and an economist’s perspective. We will discuss examples of private antitrust litigation from a jurisdiction where the system is already effective and consider whether third party litigation funding is an option in Poland. All these points will help you identify potential claims against other market players and prepare a defense strategy against private enforcement claims targeting your institution.
From March 2 to 14, 2017, the “Invest & Trade in Ukraine ’17 – Transatlantic” conference series will take place in four North American economic centers – Toronto, New York, Houston and San Francisco. A7 CONFERENCES and Dentons are co-organizing the conferences under the patronage of the Ministry of Foreign Affairs of Ukraine.
The sixth international "Invest & Trade in Ukraine" road show will bring together large, medium and small companies from Ukraine, Canada and the US to expand cross-border business cooperation and create a strong business development platform for the future. Each part of the tour will be followed by open discussions and meetings between investors and the senior management of Ukrainian, American and Canadian companies. This year the forum is focused on three sectors – agribusiness, infrastructure and energy.
In our article published in HR Zone, we consider the introduction of the new rules on regulatory references which come into force on 7 March 2017 and the practical steps that employers must take to comply...
Most of us know the difference between being employed and being self-employed (or at least we think we do). And in everyday laymen's terms, the difference is relatively straightforward and obvious – if you are employed, you work for someone else and, if you are self-employed, you ‘work for yourself'.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).