Proof read before sending! Employer Bound by Mistaken Job Offer

legal updates

The salary wasn't revealed in the advert nor was it discussed during interview.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

In a recent case, an Employer was forced to honour the written pay grade stated on an employee’s offer letter.

In this case, the employee applied for a job as a practice nurse. The salary wasn’t revealed in the advert nor was it discussed during interview. The Employee was later offered the job by phone and informed that the pay grade was £22,427. The employee was further informed that a letter confirming the terms would be sent out to her.

The written offer letter set out stated that the pay grade was in fact £30,762. Neither party queried it, the Employee later explaining that in her excitement the figure hadn’t registered with her. Once the employee began her employment she was informed that there had been a mistake and the salary was in fact £22,427.

After numerous unsuccessful attempts at reaching a compromise the employment was terminated 1 month later. The Employee brought a claim based on the higher salary. The tribunal found in her favour and held that the employer should have honoured the higher annual salary. The employer attempted to appeal but was unsuccessful.

The Tribunal further ruled that whilst a salary had been agreed over the phone the terms would only become binding once the written offer had been sent and accepted by the employee. As the Employer did not rescind the letter or correct the mistake the offer letter stands as the binding salary amount.  And even if the offer made by telephone was effective, it had been superseded by the written offer and Ms Collen’s acceptance of that.

A notable case, it is therefore imperative that offer letter and contracts are checked over carefully before they are sent out to employees.

WeRecruit Auto LtdPermanent Automotive Recruitment from an experienced and trustworthy recruitment partner.

We cover roles within all departments and sectors of the Automotive industry, and are here to listen to your specific needs and find the most suitable candidates to fit your business.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Update on Rights to Flexible Working Requests

Employers will remain entitled to turn down a request pointing to reasonable grounds as a basis for refusal.

Three new employment laws for 2024

The Carers Leave Act, The Neonatal Care (Leave and Pay) Act and The Protection from Redundancy (Pregnancy and Family Leave) Act.

Parents and Carers: New Protections at Work

Parents and carers will benefit from the following new employment protections that received royal assent in May 2023.

April 2023 Pay Rate Increases

The new financial year is upon us, with new rates abound.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.