Having a job withdrawn after you've got a written contract
Discussion
A friend of mine applied for a job recently, went through the process and has been offered the job.
He has accepted the role, has a signed contract and has handed in his notice for his current role.
He's just been told the new role has been made 'redundant' before it has started, so now has no job to go to and has left his old role and was hoping to enjoy this week off prior to starting the new job next week.
He says that the probationary clause effectively gets them out of any obligation, so basically he's a bit stuffed as he's left his previous role and now has no job to go to.
Surely this can't be right?
He has accepted the role, has a signed contract and has handed in his notice for his current role.
He's just been told the new role has been made 'redundant' before it has started, so now has no job to go to and has left his old role and was hoping to enjoy this week off prior to starting the new job next week.
He says that the probationary clause effectively gets them out of any obligation, so basically he's a bit stuffed as he's left his previous role and now has no job to go to.
Surely this can't be right?
barker22 said:
Cyberprog said:
Do they not have a notice period they would be obliged to pay him for?
This, the notice period, he should have at least a week I would have thought.
tty situation. Not quite as bad but I was told my current role was being made redundant 3 weeks after starting it in January (same day I got my first paycheck) 
ste - but little you can do. I don't think any redundancy protection kicks in until after 2 years.
s
te - but little you can do. I don't think any redundancy protection kicks in until after 2 years.Edited by Moonhawk on Monday 23 March 22:24
Sadly this is legal. I had a written job offer withdrawn a few weeks ago after I'd handed my notice in. I managed to grovel my way back into my existing job but it's damaged my position there so I now need to move on anyway!
Once I've found something, I might well mention the name of the sh**s who withdrew their offer.
Once I've found something, I might well mention the name of the sh**s who withdrew their offer.
NNH said:
Sadly this is legal. I had a written job offer withdrawn a few weeks ago after I'd handed my notice in. I managed to grovel my way back into my existing job but it's damaged my position there so I now need to move on anyway!
Once I've found something, I might well mention the name of the sh**s who withdrew their offer.
Please do! They need to be named, it's morally wrong.Once I've found something, I might well mention the name of the sh**s who withdrew their offer.
MattHall91 said:
NNH said:
Sadly this is legal. I had a written job offer withdrawn a few weeks ago after I'd handed my notice in. I managed to grovel my way back into my existing job but it's damaged my position there so I now need to move on anyway!
Once I've found something, I might well mention the name of the sh**s who withdrew their offer.
Please do! They need to be named, it's morally wrong.Once I've found something, I might well mention the name of the sh**s who withdrew their offer.
A mate of mine had a good job lined up at an investment bank. It was one that was hit with a rogue trader and the project he was supposed to run was canned. He had already left his old job and was on holiday between roles when the job was pulled.
98elise said:
I don't think its something companies do lightly.
A mate of mine had a good job lined up at an investment bank. It was one that was hit with a rogue trader and the project he was supposed to run was canned. He had already left his old job and was on holiday between roles when the job was pulled.
Perhaps not - but they could often handle it better. Just because they legally don't have to compensate you via a redundancy payment - it doesn't mean they cant or that it wouldn't be the right thing to do. A mate of mine had a good job lined up at an investment bank. It was one that was hit with a rogue trader and the project he was supposed to run was canned. He had already left his old job and was on holiday between roles when the job was pulled.
By accepting the role and handing in your notice - you have already made a commitment to the new company. Perhaps a little recognition of this commitment if things do go tits up - to help you whilst you find something else.
Autopilot said:
Surely this can't be right?
Maybe, maybe not. BV72 is the expert on employment matters but I understood from a ruling a few years ago that a contract of employment can exist before someone starts working.Citizens Advice Bureau said:
If an employer has offered you a job but then changes their mind and withdraws the offer, whether you can take any action will depend on whether the job offer was made subject to any conditions.
If the job offer was subject to conditions, for example, the employer needed to take up references or you were required to have a medical, and these were unsatisfactory, you will not be able to make a claim against the employer for any compensation. This is because there was never any contract of employment. There was only a conditional offer of a job and the conditions have not been met.
If the job offer was unconditional, which is unusual, you may be able to claim compensation in the employment tribunal or the county court (Court of Session in Scotland) for breach of contract. This is a breach of contract because you were offered the job with no conditions, you accepted the offer and then the offer was withdrawn. Although the job has not started, it has been decided that once a job has been offered and the offer has been accepted, there is a contract of employment. If the employer then withdraws the job offer, this will be dismissal and a breach of contract. If you have given up another job because you were offered the new job, you can also claim compensation based on what you were earning in your previous job and on how long it would have taken you to find another job had you left that job to find another one.
If an employer withdraws a conditional job offer even though all the conditions were met, you may also be able to claim compensation in the same way.
If you think that the job offer has been withdrawn because of discrimination, you could consider making a discrimination claim to an employment tribunal. You would first need to investigate the circumstances around why you were not given the job, to see if the reason was really discriminatory or not.
http://www.adviceguide.org.uk/england/work_e/work_...If the job offer was subject to conditions, for example, the employer needed to take up references or you were required to have a medical, and these were unsatisfactory, you will not be able to make a claim against the employer for any compensation. This is because there was never any contract of employment. There was only a conditional offer of a job and the conditions have not been met.
If the job offer was unconditional, which is unusual, you may be able to claim compensation in the employment tribunal or the county court (Court of Session in Scotland) for breach of contract. This is a breach of contract because you were offered the job with no conditions, you accepted the offer and then the offer was withdrawn. Although the job has not started, it has been decided that once a job has been offered and the offer has been accepted, there is a contract of employment. If the employer then withdraws the job offer, this will be dismissal and a breach of contract. If you have given up another job because you were offered the new job, you can also claim compensation based on what you were earning in your previous job and on how long it would have taken you to find another job had you left that job to find another one.
If an employer withdraws a conditional job offer even though all the conditions were met, you may also be able to claim compensation in the same way.
If you think that the job offer has been withdrawn because of discrimination, you could consider making a discrimination claim to an employment tribunal. You would first need to investigate the circumstances around why you were not given the job, to see if the reason was really discriminatory or not.
I had it happen a few years back - was offered a role at Company X and handed my notice in. 2 weeks before my start date the outsourcer lost the contract and my role was effectively redundant. I got a weeks pay from them ( which would have been my probationary notice period ) and had to grovel for my old role back. like a previous poster , I had marked my own card with my original employer so left very shortly afterwards. The twist in the story is that 18 months later, I got offered a job with directly with Company X and spent a pretty happy 4 years there!
Autopilot said:
A friend of mine applied for a job recently, went through the process and has been offered the job.
He has accepted the role, has a signed contract and has handed in his notice for his current role.
He's just been told the new role has been made 'redundant' before it has started, so now has no job to go to and has left his old role and was hoping to enjoy this week off prior to starting the new job next week.
He says that the probationary clause effectively gets them out of any obligation, so basically he's a bit stuffed as he's left his previous role and now has no job to go to.
Surely this can't be right?
Oil company?He has accepted the role, has a signed contract and has handed in his notice for his current role.
He's just been told the new role has been made 'redundant' before it has started, so now has no job to go to and has left his old role and was hoping to enjoy this week off prior to starting the new job next week.
He says that the probationary clause effectively gets them out of any obligation, so basically he's a bit stuffed as he's left his previous role and now has no job to go to.
Surely this can't be right?
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