Case law: Miscommunication between employer and employment agency about job offer costs employer £3,000
Employers using an employment agency for recruitment purposes should make sure they agree a process and documentation for the agency to follow which clarify when the agency is authorised to make a job offer, and how they should do so, following a recent ruling.
This update was published in Legal Alert - November 2016
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An employer used a recruitment agency to find candidates for an engineer's role. The agency telephoned one of the candidates and offered him the job over the phone, but without mentioning either the salary or start date.
The employer later claimed that the candidate had not been offered the job and there was no contract of employment between them. The candidate argued that there was, and claimed breach of contract in the Employment Tribunal (ET).
The ET ruled that the agency had offered him the job and, when he accepted the offer, the parties had created a legally binding contract.
To end the contract, the employer had to give the employee notice of termination. As it had failed to do so the employee was entitled to compensation equal to one month's salary (and the ET's) – which amounted to £3,000.
- Employers using an employment agency for recruitment purposes should make sure they agree a process and documentation for the agency to follow and use which makes clear when the agency is authorised to make a job offer, and how they should do so
Case ref: McCann v Snozone Ltd ET/3402068/2015
Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.