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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5196
Experience:  10 Years of experience in Employment Law and HR
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In 0ctober 2012 I agree with my old boss verbally that I would

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In 0ctober 2012 I agree with my old boss verbally that I would join his new company in jan 2013. From October to November I produced a number of business cases and papers in anticipation and so my boss could gain permission from the board to appoint me.

One thing of note is that this position was to be based in the Asia working for a UK company.

In December we agreed the role, job description, business strategy. On the 29 December 2012 I received the compensation package "titled heads of terms" in the for of an email. I was not happy with the offer as it was half of my previous package. I Replyed by asking 5 question. 1 who will pay the tax? 2 is there a living allowance. 3. School fees? 4. Flights home. 5. Class of Flights. As simple as that. The reply came back saying the company will guarantee usd 50k of the 1sth years bonuses to assist with the questions I asked. I replyed saying. "I am not going to be a professional arguer so let's get on with it. I assume I will start on the 1 January.

I visited the head office on 7 January for two days and meet all of the staff. I was introduced as the Asian director. Given a computer. Ordered business cards. Provided an email address. Provide me with HR and company procedures and given a number of presentations.

On the 14th January 2013 I went to meet my boss in Manila. I asked if the package could be looked at. I was told flatly no. I was then told if I don't like the offer then write and tell them I don't want it. I said no I will give it a go and see where we are in a year and take it from there.

2 days late I was told that the company will not be going ahead with my appointment because they did not think I would be 100% committed. I advised them that if they did not want to proceed then I want paying my notice and pointed out that I had resigned from my previous role and as far as I was concerned I had already

I have commissioned a lawyer and we have exchanged various amounts of correspondence. There whole point for rejection is that we had not agreed a contract and was only at heads of terms. They admit there was an offer but state that I had not accepted it and I put forward a countered offer that was rejected

Based on what I have stated what are my chances of winning this case in court.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, has your employment now terminated altogether?
Customer: replied 1 year ago.
I would not say formally terminated. More of denied that I was ever employed.
Expert:  Jenny McKenzie replied 1 year ago.
Ok on what date did you commence employment with the company and on what date did the relationship come to an end?
Customer: replied 1 year ago.
I commenced on the 1st jan 2013 and it ended 2 weeks after. All of this information is contained in my question
Expert:  Jenny McKenzie replied 1 year ago.
Hi it wasn't clear if you had transfered roles, you stated that you agreed with your old boss that you would start a new job. Thank you for clarifying.

Have you been paid for the two weeks that you worked and have you secured alternative work subsequent to this?
Customer: replied 1 year ago.
If it was not clear. The whole issue is that the company is denyi g I was ever employed. The company was new. My prospective boss was my old boss from my previous company.

I have not been paid anything. For the avoidance of doubt. The issue is I am saying I was employed they are saying I was not a we were still in negotiation. I was issued a computer email address and business cards ordered. I was even introduced to the staff.
Expert:  Jenny McKenzie replied 1 year ago.
Hi can you tell me if you were paid for the 2 weeks and if you have secured alternative work?
Customer: replied 1 year ago.
I have not even paid a penny. I havenot secured alternative employment
Expert:  Jenny McKenzie replied 1 year ago.
Were you given written terms and did they contain a notice period?
Customer: replied 1 year ago.
I was given an email titled heads of terms. Which included a notice period of 3 minths
Expert:  Jenny McKenzie replied 1 year ago.
Hello is there any written correspondence which suggests you had agreed the heads in principle?
Customer: replied 1 year ago.
I replyed saying. "I am not going to be a professional arguer so let's get on with it. I assume I will start on the 1 January"
Expert:  Jenny McKenzie replied 1 year ago.
Did you receive any response to that?
Customer: replied 1 year ago.
I received a congratulation email from the BD director. Who was cc on the email saying happy days Phil is on board. Also the boss forwarded my email to the finance director aski g him to have a chat with me when I visited the office in January.
Expert:  Jenny McKenzie replied 1 year ago.
Hello, on the basis of what you say the company is in breach of contract. It is clear that an offer was made which was accepted by you, you can demonstrate that you left your job in consideration of the contract that was offered and accepted. There was clearly an issue over some terms but they were relatively minor ones.

You can therefore claim in breach of contract. As more than 3 months have passed the claim should be brought in the county court rather than the employment tribunal which has only jurisdiction to hear claims within 3 months of the date of 'termination' which would be the last day that you worked. The County Court has jurisdiction to hear claims after this.

Your claim is limited to pay for the time you worked plus 3 months notice pay. There is no claim for further losses. I would suggest that you send a letter before action requesting payment of that amount of money then lodge the claim.

On the basis of what you say you should not have any tribunal demonstrating to a judge that a contract was in place.

All the best with this.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating.

Thank you.
Jenny McKenzie,
Satisfied Customers: 5196
Experience: 10 Years of experience in Employment Law and HR
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