Job offer withdrawn at late notice

mkdon05

I was just wondering what action i could take (if any) against an employer who offered me a job (in writing) to which i accepted via E mail, and then he phoned me to say that he would be unable to give me the job due to personal circumstances:mad: . He has dropped me right in it, as i had given my months notice in work and today is my last day. I will now be left unemployed:eek: .
Anyone got any insight into a situation like this, would be appreciated

qwertz

I am not going to give you legal advice but to my knowledge there is nothing you can do to enforce this. Even if you could force this company to honour the offer of employment what's going to stop them from letting you go after a few days (probation period)?
I know that you are in a very frustrating situation at the moment. I have been there myself, tried to reason with the company and even used a solicitor. Name and shame and then move on.

copacetic

i would have thought you would be entitled to the months notice that was in your contract for the new job at least.

(assuming you got a contract and that it had a notice period in it)

qwertz

But the contract hasn't started yet

bada_bing

OP, i can sympathize with your situation. That could have been me 2 years ago when i was offered a job. I was asked to hand in my notice and it was very tempting to do so at the time but i asked that they send me a contract first. So i waited and waited and it turns out the contract could not be approved by their finiancial controller so i never received the contract at all. so i would advise in future not to hand in your notice before you have the contract even if the employer has assured you that there will be one.
hopefully you will find other employment asap or have your notice revoked.

copacetic

qwertz wrote:

But the contract hasn't started yet

but if they made him a job offer in writing stating that he was to start on a certain day, then they can't just revoke it. They must give him the notice he is entitled too. The contract doesn't start the day he began work, it starts the day they signed it..

Wishbone Ash

bada_bing wrote:

so i would advise in future not to hand in your notice before you have the contract

Dubious advice bada_bing as a written contract is not legally required and many employers do not use them.

seamus

No, there's nothing you can do except to try and convince your current employer to waive your notice, which is very unlikely at this late stage.

In theory, you could bring the company to court for loss of earnings for the period that you're left unemployed, but given the excuse, I'd say the company's not exactly flush with cash, and you'd find yourself in an expensive court battle for pittance at the end.

I'd say just move on and advise anyone else to avoid them.

qwertz

I agree with you, they "should" honour the offer. Leaving the legal part aside, how will the OP enforce this if they refuse to pay him his notice period? Go to court?

daveym wrote:

but if they made him a job offer in writing stating that he was to start on a certain day, then they can't just revoke it. They must give him the notice he is entitled too. The contract doesn't start the day he began work, it starts the day they signed it..

DublinWriter

OP - you really need to get yourself down to the nearest citizen's advice centre about that.

As one poster said, you're probably entitled to the severance rights you'd have if you were a probationer, which aren't much, but it's something.

leeroybrown

To my knowledge the acceptance of a formal offer of employment does have some legal standing here. I think that technically speaking the offer needs to be withdrawn by mutual concent once it has been accepted. I'd advise contacting a citizens advice bureau, the entemp (theres an employee rights hotline there somewhere) or a solicitor about this with a view to 'persuading' the employer who dropped you that they need to compensate you in some way.

Wishbone Ash

DublinWriter wrote:

you're probably entitled to the severance rights you'd have if you were a probationer

AFAIK an employee on probation is not entitled to any severance rights.

An employer can legally dismiss an employee with up to 364 days service without reason, (unless the dismissal was as a result of pregnancy, trade union membership, the excercising of legal rights, adoption, carers etc.).

Once an employee has 365 days service, the Unfair Dismissals Act 1977 would come into operation.

leeroybrown

There would be no entitlement to 'severance' but whatever notice period would have applied once the contract had begun should be paid.

WhiteWashMan

mkdon05 wrote:

I was just wondering what action i could take (if any) against an employer who offered me a job (in writing) to which i accepted via E mail, and then he phoned me to say that he would be unable to give me the job due to personal circumstances:mad: . He has dropped me right in it, as i had given my months notice in work and today is my last day. I will now be left unemployed:eek: .
Anyone got any insight into a situation like this, would be appreciated

thats pretty crappy.
im not too sure about the legalities of, but i dont think they are obliged to do anything for you, but to be sure, you should seek legal advice if thats what you want.

on the other hand, i think its a good lesson for people that you should never hand in your notice until you have signed a contract and had proof of ti being accepted.

i know that doesnt help you OP, sorry.

themole

I also think you are legally not entitled to anything.

But if you want to check, email these guys.