Claimant v Q Retail Stores Limited
Outcome
Individual claims
The claimant unconditionally accepted the job offer on 7 November 2024, creating a binding contract. When the respondent withdrew the offer on 22 November 2024, this constituted a breach of contract. The tribunal awarded reasonable notice of one month based on the seniority of the role and the three-month probationary period, rejecting the respondent's reliance on a blank contract that did not exist at the time of breach.
Facts
The claimant was offered a job as e-commerce manager on 6 November 2024 at £55,000 salary with a three-month probationary period, starting 10 February 2025. She unconditionally accepted on 7 November 2024. On 22 November 2024, the respondent withdrew the offer citing restructuring. No formal contract had been issued by the time of withdrawal, though the respondent produced a blank statement of particulars containing notice provisions.
Decision
The tribunal found that the claimant's unconditional acceptance on 7 November 2024 created a binding contract, and the respondent's withdrawal on 22 November 2024 was a breach of contract. The claimant was awarded one month's reasonable notice (£4,583.33 gross), calculated with reference to the seniority of the role and probationary period. The tribunal rejected reliance on the unissued contract terms and the claimant's claim for higher compensation.
Practical note
An unconditional acceptance of a job offer creates a binding contract even without a formal written contract, and withdrawal of the offer constitutes breach entitling the claimant to reasonable notice based on role seniority and circumstances, not terms in unissued contracts.
Award breakdown
Award equivalent: 4.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6021537/2024
- Decision date
- 25 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- e-commerce manager
- Salary band
- £50,000–£60,000
Claimant representation
- Represented
- No