In person For the v Mrs M Badesha, HR Accountant — 2020

The tribunal found that the correct respondent was Box to Box Films Ltd. It accepted that the claimant may have been the preferred candidate for the Production Accountant role, but held that he was not actually offered the job by the respondent or by the recruitment agency, Platinum Resources Ltd, whether in writing or verbally.

Although the claimant may have believed he had been offered the job, the tribunal found there had been no offer and acceptance leading to a binding contract. It noted that the interview process, the recruitment agency's encouragement, and the taking up of favourable references did not change that conclusion. The tribunal found the respondent was still completing its internal processes and that the job was later offered to a preferred candidate.

On that basis, the tribunal held there was no formal offer for the respondent to withdraw and therefore no notice of termination to be given. The claim for breach of contract was dismissed. The tribunal distinguished McCann v Snozone on the facts, because in that case there had been a verbal offer and acceptance, whereas here there was no written or verbal offer subject to references or otherwise.