Q: I was off work after a serious illness. When I returned I found my colleague had been given the promotion and the salary increase I was promised. Unlike me, she does not have the appropriate training for the role. Is there anything I can do?
Nov 01 2008
Answered by: Peter Done Ask a question
Contracts do not have to be made in writing to be legally binding. Even if there is no written agreement, once a job has been offered to someone on certain terms and conditions and they have accepted it, an agreement is reached and a contract of employment is in existence.
If you received an unconditional offer of promotion and you accepted, a binding contract, (although an oral one) has been formed. The only way in which a job offer can be legitimately withdrawn is if the offer was made on a conditional basis, for example subject to satisfactory references and condition were not met.
I would advise you request written reasons for the withdrawal of the job offer and dependent upon the response you receive consider instigating your organisations grievance procedure.
Ultimately it is for an Employment Tribunal to decide with whichever party has the most probable argument!
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