some advice please.

[a boardman]

Just been talking to someone who found another job. Give in his notice. The old company then say restriction on working for new company. So he tells new company unable to take new job.
But his existing company are now saying he resigned and not able to take him back on. Tried to get in touch with company that offered him new job but they have just resent in cv.
Is there anything he can do.

[don4l]

A bit more information would help.

What job was he doing?


Don
--

[a boardman]

he worked for a company for the last 5 years doing calibration of equipment,

[Gargamel]

Wow, what a situation, did he not think to get some legal advice prior to turning down the new role.

Restrictive covenants are rarely enforceable and are usually to costly for most companies top pursue through the courts. So it was just a bit of posturing by his old firm.

He should phone the HRD or one of his interviewers of the new firm and ask them if he could reconsider, be apologetic etc.

He should also contact a solicitor and think about suing his previous firm for constructive dismissal. He resigned, they refused to accept it, he retracted then they refused to re employ ... sound like a right bunch of charmers - if the story is accurate.

Proper legal advice is required.

[AJS-]

Almost certainly not enforceable. Speak to the citizens advice bureau, or better still a decent lawyer.