Is this a breach of employment contract?

Question

My son applied for seasonal employment (Dec '08 to April '09) working in an Hotel in the French Alps, through a recognised UK Recruitment company. One, in fact, that he had already successfully worked through last winter season. He attended an interview in London and was subsequently emailed a job offer (24.9.08). He replied within one week accepting the offer (30.9.08). Three weeks later he emailed a question regarding whether accommodation was included in the job, as this was not clear in the offer. The company emailed back, the same day, stating that 'accommodation was included'.
This email was replied to on the string of emails which included the email of acceptance from him.
He duly sent copies of his Equal Opportunities form, P46 and EHIC card as required, on the 19th Nov and handed his notice to his current employers on the 28th Nov, giving two weeks notification of intention to leave.
The contract in France was due to start on the 8th Dec.
On the 28th Nov, due to the fact that he was still waiting for the promised official contract, I telephoned their offices on his behalf to query issue of the contract, prior to making his travel arrangements.
I was advised by the HR assistant that they had not received his acceptance of the position. I advised her that they had. Remember the string of emails that they replied to, one of which included his acceptance email to them!
She denied this and said that because 'they hadn't received his acceptance, the offer was void'. After some additional discussion regarding the dates that emails were submitted, she changed tack and advised that the Hotel involved in the contract had 'now pulled out of the agency'. I stated that this was a bit difficult to understand as no confirmation had been given to my son that this was the case.
She then decided that the best course of action was to hang up the phone. I have not been able to contact her at the office since, as she is either 'at lunch' or 'on the other phone' or 'not in today'.
I have tried to talk to her manager, on three separate occasions, who is either 'out of the country' or 'not in the office today' and 'no, they do not have a mobile contact number for her'.
Sorry for the long winded introduction.
My question is, does my son have rights for claim against a breach of contract here and if so, to what extent and whom should I contact to progress this?
I would have preferred for the agency to admit some error here and offer to find him alternative arrangements, but the fact that my calls are being ignored, is a likely indication that they are not willing to do this and just want the issue to go away.
Thank you for any advice on this subject.

Answer 1

I suspect that you do not have a case.



Recruitment companies work in two ways. One way is that they employ staff who they send out to work for their clients. This is the traditional temp agency. The second way is that they recruit permanent staff for clients, who then pay them a commission.



It appears that your son was being recruited using the first method, as a worker employed directly by the recruitment company. In these circumstances it is normal that the contract only offers paid work when it is available. As such, if no work is available then there is no obligation on them to offer any.



The company may have recruited too many staff, or lost the contract, or the hotel has reduced its requirement. They have cocked up but don't have the guts to admit it. This is typical of recruitment companies, where the staff don't care about anything except their own targets and bonuses. The advisor doesn't want to waste her time explaining the problem to your son because she's busy trying to make money from someone else to pay for her Porche.



Unfortunately none of this is sufficient to give you any redress against them.

Answer 2

Ouch ... that is why you never quit your job until you have the official contract in your hand.



Now, clearly, what the Agency have done here is obviously very dodgy. They must have received his emailed acceptance of the offer or they'd have chased him up at the time - remember that agencies only get paid once the candidate has accepted. It's also very rude and unprofessional that they wouldn't discuss it with you. And seriously, who just hangs up the phone?!



However, you have absolutely no way of claiming breach of contract. Had it been the employer themselves that you have been liasing with then there could be a case, although it would be unlikely that you'd get much money - perhaps only a week's notice, as that would be all that would be required to dismiss someone anyway. But, when an agency's involved then all employment offers are subject to their client's requirements and if the client no longer requires the employee, the contract can be terminated with no notice on either side (not that there was a signed contract here anyway by the sound of things).



So, whilst it sounds like the Agency have been extremely rude and unprofessional to you, they are certainly not at fault legally, and are certainly under no obligation to make alternative arrangements.



Just one final point, I am a Recruitment professional myself, and I am sure that they would not have been impressed by the fact that you were liaising with them on your son's behalf. It is not a good look for him - it makes it look like he is incapable of handling his own business and requires parental support, and who'd want to hire someone like that?! Also, whilst I'm not sure about this, I suspect that if the Agency had entered into proper discussion with you then this would have been a breach of confidentiality - they should not be discussing employment matters with *anyone* but the candidate.

Answer 3

Review the termination clause of your employment contract. If you don't have a copy, ask for one, you should have a right to a copy of anything with your signature on it. Counter Assistant is pretty vague, working with the fish you are working at a counter. I'd say the error here was yours in not asking what your specific tasks and duties might be. In today's economy, I'd suggest talking to your employer and saying you didn't realize during your hiring process you'd be handling raw fish all day and you're hope and wish is to move closer to a checking position. In the meantime, I'd work hard and do as good as possible at your current duties. In a large company you can go far if you start at the bottom, work hard and always keep your eye on the next step.

Answer 4

Unless an employment and contract lawyer actually comes on here and responds, you would be best off contacting your local Citizens Advice Bureau.



It would appear that there may be some sort of breach but there may well be some sort of get out if the employment has not actually started.

Answer 5

There is probably a breach of contract somewhere here. It wasn't clear to me whether the emails were exchanged between your son and the agency or between him and the hotel. It's also not clear if his emplyment would have been with the hotel or the agency.



On the whole it seems likely to me that if you threaten the agency with legal action they will jump ino action

Answer 6

Nothing he can do. Golden rule, never hand in your notice with your present employer until you have received, in writing, offer letter and contract from new employer. You don't have a leg to stand on. And, would you like to work for them anyway if they respond like this??