Taking legal action against an employer regards a 'non-hire'?

Question

Your thoughts please on the possibility of suing a company over nearly hiring me, and myself incurring rather significant financial losses because of their decisions.. Let me explain?

In May I applied for a brilliant permanent role at a major company based in Scotland, while I lived in Manchester, to start asap. The recruitment agency then introduced me to the employer for a much lower position, without making me aware. I gained an interview at the end of May and got the offer. A bit shocked regards the terms, but needing a job, I reluctantly accepted it over the phone.
My current job ended May 31, and this one was to start June 15. The recruiters encouraged me to move to Scotland quickly. I didn't seek temp employment, regarding 2 weeks off a welcome break if tricky financially. Around June 7, the start date was then postponed to June 22 (1st pay date Aug 20), and I asked the recruiter to negotiate on this and on the employment terms. He came back to me shortly after asking for my commitment, again encouraging me to move North. I stated I couldn't go unpaid for 3 weeks, but he was shocked at the suggestion I might have to apply for temp roles etc. He did not speak with the employer at all. A week later, the start date was again amended now to June 29 and the stress I was under became almost unbearable. June 22 I thankfully found a better contract elsewhere and I cancelled the Scotland drama. At that time, no contracts had been signed.

I ended up having paid a deposit and rent on a flat and unable to find temp work for a few weeks, being unemployed for a month and having to move again for the other job (who thankfully had a relocation package). Still, because of this recruitment saga I've lost well over £1000 pounds in travel, rent and lost earnings - made worse by having to get loans out later-on to tie me over and the emotional stress.

While I'd normally take this on the chin, the company are now claiming wages of me they paid me in error, though I haven't received anything - so I've reached boiling point. But is there grounds for a claim here do you think?

AbbeySam · Accepted Answer

Unless I've misunderstood things, you are the one who cancelled and decided not to take the job - it wasn't their decision.  I agree they messed you about a bit, but if you had held on a bit then you would have been given the job.

gail · Answer

No contracts were signed, so i doubt if you can claim.
Errors on both sides here never relocate for any job unless you have the terms and conditions of the job offer in writing. Its also best to relocate on a temporary basis first to make sure the role is suitable.

If you didn't receive any payment/wages from the agency how can they request you pay anything back ?  i personally would list on a letter all the expenses you have occurred while this sham of an arrangement was in process. As no contracts were signed no party has the right to sue verbal agreements are difficult to prove that there has been an actual breech.

d/dx+d/dy+d/dz · Answer

You "reluctantly accepted the job over the phone" translates to the prospective employer saying if I offered the job would you take it.  Your reluctant response told the employer that you really did not want the job and he/she acted accordingly. No written contract was offered and no commitment was made.  If you had signed a contract and went elsewhere, the company could in principle sue you for damages.  In practice, the company would not consider the legal expense worthwhile for a low level employee. 

Lose that misguided sense of entitlement and think of yourself as a business.  Tho onus is on you to please your customer and prove your worth.  An employee with an attitude hurts the productivity of other employees and is a liability to be eliminated.  If your current employer were reading this post, he/she would be thinking about terminating your employment and finding someone with a better attitude.  Employers can afford to be more selective now.  

I know this is not the answer many new grads like you were looking for.

philospher77 · Answer

You had no official contract, and you refused the job after finding other employment, so no, there's nothing your potential employer did that is illegal that I can see.

But a more disturbing issue is that you couldn't handle a three-week break in employment without major stress.  Now that you have a job, start socking money into a fall-back account.  The goal is to be able to handle a certain amount of time (most advise 6 months) of expenses without having to take out loans, etc.  Following that will make your life much less stressful in the future.

travelguruette · Answer

If you had a start date there is no need to go early even if they encourage it. Since you did not have a signed contract and you backed out I would say that no you cannot sue.

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Taking legal action against an employer regards a 'non-hire'?

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