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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been offered an internal promotion after an interview

Resolved Question:

I have been offered an internal promotion after an interview with my line manager and a HR representative which I accepted orally. I have also received a signed contract from my employer but before I had chance to sign and return I was told yesterday that I should not have been offered the role yet as I should have had a second interview.

Do I have any rights and are they now able to withdraw this offer if the second interview does not go to plan?
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 5 years ago.

Thanks for your question. Please don't forget to press Accept once you get my answer. For now please let me know:


1. How long have you worked there for?


Customer: replied 5 years ago.
nearly 6 years
Expert:  Ben Jones replied 5 years ago.
Whether you have a case depends mainly on whether a binding contract was formed. Normally, there has to be an offer, acceptance and some form of consideration. Neither the offer nor the acceptance have to be in writing and they can be implied. You can argue that the offer and acceptance were there, although you may struggle somewhat showed that there was any consideration. For example, consideration could include you acting upon the offer by leaving another job, etc. In any case, even if it was a binding contract in place, if your employer refuses to honour it you would only be able to enforce it in a tribunal or court.

Saying that, if you are eventually not offered the job you can still challenge your employer's decision by raising a formal grievance to complain about the way this process was conducted. A grievance will show that you have concerns about this and will prompt you employer to formally consider any issues you have. However, there is no guarantee that the outcome will be what you expect.

I hope this helps. Please press the ACCEPT button. You would still be free to ask any follow up questions for free. Thank you

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