New job offer cancelled day before start - calling breadvan

[craigjm]

I have a friend who was put on 45% pay when this Covid stuff started and within days he had secured a new job (he was looking anyway) so hands in his notice and left his job on Monday. Due to start at the new place tomorrow and they contact him today and say the job offer is being revoked because of the current situation. Thanks for your interest in the role blah blah and that’s it.

So basically he is now unemployed. From my point of view the new employer are in breach of contract and must compensate him but in reality what is he entitled to here? Calling breadvan!

[gruffalo]

Probably a weeks wages depending on what is in his employment contract.

[craigjm]

gruffalo said:

Probably a weeks wages depending on what is in his employment contract.

Well this is my initial though. The initial notice period is a week but somehow that feel a tad rough especially in the present times. The fact they didn’t even offer that week is rather poor form too.

[jondude]

If he has a written, signed contract then it should be honoured regarding the small print re notice on both sides. I tend to agree it may well say in the first few months that is only a day or a week from the employer's side - but it should all be there.

I was in the same situation but the contract was verbal and then withdrawn by a new manager before the written contract was sent. I was advised while I had a decent case it could go either way in court due to the lack of signed papers (so let it go as losing would be too expensive, let alone the stress).

[Alucidnation]

Do employers not include the three month 'test' period with new employees these days?

[deeen]

Employed for less than 2 years, they don't have to make him redundant, it's legal to dismiss him, just depends on the wording of his contract if he will get anything on dismissal.

[Terminator X]

craigjm said:

I have a friend who was put on 45% pay when this Covid stuff started and within days he had secured a new job (he was looking anyway) so hands in his notice and left his job on Monday. Due to start at the new place tomorrow and they contact him today and say the job offer is being revoked because of the current situation. Thanks for your interest in the role blah blah and that’s it.

So basically he is now unemployed. From my point of view the new employer are in breach of contract and must compensate him but in reality what is he entitled to here? Calling breadvan!

No contract until you start surely? Offer, acceptance, consideration. Even if said mate had started the employer can get rid for any reason within first 2 years! Move on from it quickly imho.

TX.

[craigjm]

Terminator X said:

craigjm said:

I have a friend who was put on 45% pay when this Covid stuff started and within days he had secured a new job (he was looking anyway) so hands in his notice and left his job on Monday. Due to start at the new place tomorrow and they contact him today and say the job offer is being revoked because of the current situation. Thanks for your interest in the role blah blah and that’s it.

So basically he is now unemployed. From my point of view the new employer are in breach of contract and must compensate him but in reality what is he entitled to here? Calling breadvan!

No contract until you start surely? Offer, acceptance, consideration. Even if said mate had started the employer can get rid for any reason within first 2 years! Move on from it quickly imho.

TX.

You have a contract as soon as you have signed the unconditional offer. Yes you are right about the two year thing but they still have to pay notice even if he hasn’t started minimum

[craigjm]

Alucidnation said:

Do employers not include the three month 'test' period with new employees these days?

What relevance is that?

[kestral]

craigjm said:

I have a friend who was put on 45% pay when this Covid stuff started and within days he had secured a new job (he was looking anyway) so hands in his notice and left his job on Monday. Due to start at the new place tomorrow and they contact him today and say the job offer is being revoked because of the current situation. Thanks for your interest in the role blah blah and that’s it.

So basically he is now unemployed. From my point of view the new employer are in breach of contract and must compensate him but in reality what is he entitled to here? Calling breadvan!

Job offer is not job secured.

No contract agreed means no compo.

[craigjm]

kestral said:

craigjm said:

I have a friend who was put on 45% pay when this Covid stuff started and within days he had secured a new job (he was looking anyway) so hands in his notice and left his job on Monday. Due to start at the new place tomorrow and they contact him today and say the job offer is being revoked because of the current situation. Thanks for your interest in the role blah blah and that’s it.

So basically he is now unemployed. From my point of view the new employer are in breach of contract and must compensate him but in reality what is he entitled to here? Calling breadvan!

Job offer is not job secured.

No contract agreed means no compo.

By the time you get to this position you have signed an unconditional job offer so a contract does exist

[craigjm]

Let’s just clarify something. A conditional job offer was issued and accepted. References and checks then done satisfactorily and the company issues a unconditional offer of employment and a contract. Duly signed the guy resigns.

From that point on there is a contractual obligation so a breach of that obligation means they have to pay. In the contract the length of notice period initially is a week so he is definitely entitled to that.

My question is whether he could push for anything else with a reasonable likelihood of success. This is not about whether there is a contract or a probation period or any of that. There is a contract and that’s what matters

[mattyprice4004]

There’s a contract, and that says a week’s notice - so they need to pay him a week is how I see that.

They don’t need to do anything else though.

[unident]

craigjm said:

Let’s just clarify something. A conditional job offer was issued and accepted. References and checks then done satisfactorily and the company issues a unconditional offer of employment and a contract. Duly signed the guy resigns.

From that point on there is a contractual obligation so a breach of that obligation means they have to pay. In the contract the length of notice period initially is a week so he is definitely entitled to that.

My question is whether he could push for anything else with a reasonable likelihood of success. This is not about whether there is a contract or a probation period or any of that. There is a contract and that’s what matters

Doesn’t sound like he’ll get more than what his contract says he’s entitled to. Why would you think otherwise?

[Flumpo]

Apologies I know it’s not relevant to your question, but could the original employer not have put him on the 80% furlough scheme but still asked him to work? I thought I had heard of people doing that.

Anyway st situation for him.

[GT03ROB]

Flumpo said:

Apologies I know it’s not relevant to your question, but could the original employer not have put him on the 80% furlough scheme but still asked him to work? I thought I had heard of people doing that.

No. Furlough means no work.

[anonymous-user]

OP, as the correct answers above have said, the only claim here is for the contractual period of notice, so a week's net pay.

Turning to the incorrect answers -

1 - There was a contract. The fact that the employee had not yet started work does not alter that.

2. There is no such thing as "the small print". As Twig the Wonderkid accurately says on a nearby insurance thread, small print is just ordinary print that someone does not bother to read.

3. Any contract made by words, whether written or spoken , is a verbal contract. When people use the term verbal contract they mean an oral contract. An oral contract of employment is binding and valid.

4. It is not correct to say that an employer can dismiss for any reason in the first two years of employment. The employer cannot lawfully dismiss during that period for a reason connected with a characteristic protected by equality legislation, for whistleblowing, trade union activity, and a few other reasons. There is however no protection against just being let go during the first two years.

Edited by anonymous-user on Wednesday 22 April 05:42

[Flumpo]

GT03ROB said:

Flumpo said:

Apologies I know it’s not relevant to your question, but could the original employer not have put him on the 80% furlough scheme but still asked him to work? I thought I had heard of people doing that.

No. Furlough means no work.

Thanks that answers my question.

[craigjm]

Breadvan72 said:

OP, as the correct answers above have said, the only claim here is for the contractual period of notice, so a week's net pay.

Turning to the incorrect answers -

1 - There was a contract. The fact that the employee had not yet started work does not alter that.

2. There is no such thing as "the small print". As Twig the Wonderkid accurately says on a nearby insurance thread, small print is just ordinary print that someone does not bother to read.

3. Any contract made by words, whether written or spoken , is a verbal contract. When people use the term verbal contract they mean an oral contract. An oral contract of employment is binding and valid.

4. It is not correct to say that an employer can dismiss for any reason in the first two years of employment. The employer cannot lawfully dismiss during that period for a reason connected with a characteristic protected by equality legislation, for whistleblowing, trade union activity, and a few other reasons. There is however no protection against just being let go during the first two years.

Edited by Breadvan72 on Wednesday 22 April 05:42

Yep looks like it’s just a week then as I suspected. Thanks. Just pretty poor form to pull a job so close to starting. If they had done it a while ago he may have had a chance of revoking his resignation with the previous company and still been employed. Crap times!

[BertBert]

craigjm said:

Yep looks like it’s just a week then as I suspected. Thanks. Just pretty poor form to pull a job so close to starting. If they had done it a while ago he may have had a chance of revoking his resignation with the previous company and still been employed. Crap times!

It is poor form, but employers are faced with tough decisions at the moment.