Breach of Contract

[offtocornwall]

I have just had a bizarre recruitment experience that has left me quite shaken and in need of advice.

I applied for a job up in the Lake District. One of our favourite places. I had a phone interview with the recruiting manager and we really hit it off. Two days later she asked me to attend an interview. I drove over 300 miles from our home that day and attended the interview. It went very very well. As she walked me out she gave me the thumbs up and said she just needed to run this past her boss and would be in touch very soon. All good. Very excited. Lots of discussion with DH but ultimately we decided that if I was offered the job , I would jump at it and we would both relocate.

The next day the recruiting manager sent a couple of texts (this in itself I find strangely familiar and a little unprofessional but perhaps that's just me being old fashioned) saying she was just clearing things with her boss. The day after she sent me a job offer.setting out pay, bonus and a relocation allowance. It contained the sentence. 'All approved and able to offer you the role of xxxxx the current salary is xxxxx etc. .. our office manager will call tomorrow with the specifics. All this was text however I called her on receipt of this message and accepted. I also reconfirmed my start date already discussed at interview . I explained I would now book accommodation for next week (this week) - she agreed this would be appropriate.
Next day no call from office manager. I called but my call was not picked up.
This continued twice more. With the third attempt being dropped.

The next day I am called and ask if I mind talking to one of the senior managers. I was happy to do so and very happy to have some contact. RM said everything fine just crossing ts and dotting i's. The manager called and I spoke to him for about 5-8 mins about my previous work placements. I mentioned I had already had a (unconditional) job offer and start date. He said he would 'feed this back ' 🤔....

The next day I received another text message saying they couldn't offer me a position. (But they had already offered it !) and she would be in touch. Still no phone call.
An explanation arrived in the early hours of the same morning from the rm saying that the senior manager worked at the same company as me (contractors) and he doesn't trust me as my 'version' of my work is not as he believes to be true. !

I have never met this man. Never worked for him. I made enquiries and it transpires that he has made a stratospheric rise in his career path over the last two years. To where he is now.
We did work at the same place however he was in a very junior position. (= think admin officer in accounts) Whilst I was an account director in a completely different part of a very large business.

References from this same business were taken up prior to interview and came back 'glowing'. The RM told me this before I even arrived.

I have still not spoken to anyone. The late night text included an even more bizarre 'threat' not to argue about this decision or they' would have to refer it to legal.' (It was very strange, especially to receive it at that time of the morning. Who texts their employees at 12.20 am ?

The only communication I have made is a request for my accommodation to be refunded. This was made by email and responded to immediately with a request for bank details. Still no one has called and spoken to me.

I am very upset by these events , the terrible communication, and what feels like being sacked before I've even started for something that not only have I not done but haven't even had an opportunity to be directly accused of or defend.

Have these employers breached my contract. ? Do I have the right of redress. ? Have I been libelled. ?
I am that angry about the basic lack of courtesy that I feel like taking this further. Not a single bloody call in the last 2 working days.

Btw this employer is not a small enterprise. It's a large 'annex ' to a huge London based public institution.

Any advice welcome.

[fabulousathome]

Have you looked at the man's profile on LinkedIn? It may (inaccurately) describe the job he had at your current firm.

[Lotsalotsagiggles]

How did you get on?

[offtocornwall]

Thanks for asking Lotsandlotsofgiggles . I saw an employment lawyer last week and her advice was the same. (Thanks prh47bridge) . I do not apparently need to be famous for the defamation suit . All it requires is that someone's lies have caused a loss. This test has been met. The breach also appears pretty straightforward. So an initial letter has gone off to see if they will settle without needing to go further. Only went Friday. So no news yet.

Meanwhile I secured a new position on Wednesday and started Thursday. Will this affect my claim against these people - in that I am not unemployed because of their actions ? Not what I wanted really. Very good money (twice the amount offered in the Lakes job but contracting again , so no security and could lady 3 months , 3 Weeks or 3 years..

[prh47bridge]

It may reduce the amount of compensation you receive for breach of contract as it reduces the size of your loss. It won't undermine your claim completely.

[VanGoghsDog]

Just for the record, I did not say you "need to be famous" for a defamation claim, I know you don't - but it is one of the factors to take into account, not 'fame' per se, but what exactly is the reputation that is allegedly damaged.

And I can't see how the damages you can claim for the defamation could be more than you can claim under contract law, and you cannot make two claims for the same thing.

[prh47bridge]

And I can't see how the damages you can claim for the defamation could be more than you can claim under contract law, and you cannot make two claims for the same thing

Damages for defamation are not based purely on financial loss. Indeed, if the OP succeeds with the defamation claim the damages could be significantly more than the damages for breach of contract. And in this case the OP has two separate claims. They are not two claims for the same thing. She has a claim against the manager for defamation. She also has a claim against the organisation for breach of contract. The organisation's breach may have been triggered by the manager's defamation but it was not inevitable. If you like, there are two separate, but related, incidents:

• the manager's defamation
  
• the organisation's decision to breach their contract with the OP
  

The OP is entitled to take action for both incidents. In the same way, if others repeat the statement made by the manager the OP can potentially sue them as well.