Mr S Ludin v Department for Education Heard via Cloud Video Platform (London Central) — 2024

The tribunal heard a preliminary issue about whether Mr Ludin had any contractual claim arising from the withdrawal of an offer for a PA Apprentice role. The tribunal recorded that the claimant had been placed on a reserve list, later told he had a provisional offer, and informed that the offer remained conditional on completion of ID, right to work and pre-employment checks, including references.

The tribunal found that by mid-January 2024 the only outstanding matter was the receipt of references, which were one of the conditions of the offer. It held that so long as the offer remained conditional and the conditions had not been met, it could be withdrawn by the respondent. The tribunal accepted there was enough to support the claimant's point that the 19 January 2024 email was sent to a different email address, but there was insufficient evidence to uphold his allegation that the email had been faked.

The tribunal concluded that the respondent withdrew the offer on 31 January 2024 before the claimant's referees sent references later that evening. Applying the principle that there must be an unconditional offer and acceptance to form a contract, the tribunal held there was no concluded contract of employment. Because there was no employment contract, the tribunal had no jurisdiction to hear the complaint, which was dismissed.