Dear Adrian
Sorry it has taken a few days longer to get back to you after the Christmas Break.
We very much regret the particular unavoidable circumstances that required First Great Western to withdraw your conditional offer of employment.
However, we have looked into your situation and it is clear that First Great Western have not acted in breach of contract as you allege.
Even if a binding contract had been entered into (which we dispute) First Great Western has the right to terminate your contract at any time either before or during your employment. First Great Western will only be found to have acted in breach of contract in such circumstances in the event that the company does not comply with the applicable notice provisions under the contract.
The applicable contract of employment for the role of Carriage Cleaner, which you would have been required to sign prior to commencing employment and which is standard for all Carriage Cleaners in the company, states that employees with less than 1 month's service are not entitled to receive any notice of termination of employment. This reflects the provisions in section 86 of the Employment Rights Act, which set out the statutory minimum notice that employers are required to give when terminating a contract of employment - namely that no notice is required to be given until an employee has completed 1 month's service.
Therefore, as you had not completed 1 month's service, First Great Western had the right to terminate your conditional offer of employment without notice, and the company has not acted in breach of contract in so doing. First Great Western is therefore not liable to you for any compensation.
I note that you have been seeking guidance from the Citizen's Advice Bureau and recommend that you seek further advice from them in respect of the content of this email.
Sorry it has taken a few days longer to get back to you after the Christmas Break.
We very much regret the particular unavoidable circumstances that required First Great Western to withdraw your conditional offer of employment.
However, we have looked into your situation and it is clear that First Great Western have not acted in breach of contract as you allege.
Even if a binding contract had been entered into (which we dispute) First Great Western has the right to terminate your contract at any time either before or during your employment. First Great Western will only be found to have acted in breach of contract in such circumstances in the event that the company does not comply with the applicable notice provisions under the contract.
The applicable contract of employment for the role of Carriage Cleaner, which you would have been required to sign prior to commencing employment and which is standard for all Carriage Cleaners in the company, states that employees with less than 1 month's service are not entitled to receive any notice of termination of employment. This reflects the provisions in section 86 of the Employment Rights Act, which set out the statutory minimum notice that employers are required to give when terminating a contract of employment - namely that no notice is required to be given until an employee has completed 1 month's service.
Therefore, as you had not completed 1 month's service, First Great Western had the right to terminate your conditional offer of employment without notice, and the company has not acted in breach of contract in so doing. First Great Western is therefore not liable to you for any compensation.
I note that you have been seeking guidance from the Citizen's Advice Bureau and recommend that you seek further advice from them in respect of the content of this email.
