In McCann v Snozone Ltd, a verbal offer of employment made via a recruitment agency was sufficient to create a legally binding agreement between the individual and the employer, the subsequent withdrawal of which amounted to a breach of contract.
The recruitment agency in this case had been instructed by the employer, Snozone Ltd, to find maintenance engineers. After interviews Mr McCann was contacted by the agency and offered the job verbally. Snozone denied that an offer had been made. The Employment Tribunal found that there had been a verbal contract which could only be terminated on notice. In the absence of a clause on notice, one month’s notice was considered reasonable.
This is a warning to businesses to ensure its agents are given clear instructions regarding recruitment. Where possible, employers are advised to make job offers in writing, setting out clearly the terms and any conditions that apply to the offer (so it can be withdrawn without breach if these are not satisfied).