withdrawal of job offer

jmb080174 · Jul 8, 2008

I had an offer of employment and signed a contract. I started the job on the agreed start date and an hour into the employment had a meeting with manager who said that due to financial and staffing constraints they were withdrawing the job offer as they couldn't be seen to be employing someone when they were overstaffed in other areas and looking to either get rid of people or move them into the job role that I had been offered.
Where do I stand now?

LASS · Jul 8, 2008

What does your contact say? Does it say a how long you will be employed? Does it have any hidden clauses that can allow them to do this?

jmb080174 · Jul 8, 2008

the contract says start date and service to be confirmed when offer is formalised however i have been working as a contractor with them and have emails confirming start date and pay date etc. therefore i turned up for work on start date. It says that if they terminate employment notice will be provided in writing and wil be at least 4 weeks.
If they offer this job now to someone else in the team do i have any legal redress

LASS · Jul 8, 2008

Well im assumming you have signed it and the employers if so i guess they cant fire you for 4weeks maybe a lawyer on here will be able t help u more

jmb080174 · Jul 8, 2008

yes both myself and HR signed it.

Richie N · Jul 8, 2008

If the employer gives you 4 weeks notice then they have to pay you for this.
Contact ACAS - www.acas.org.uk for more information

jmb080174 · Jul 8, 2008

they haven't given me any notice just said that job no longer available, however they offered to extend my agency contract by 4 weeks.

Richie N · Jul 8, 2008

So your not a permanent employee, your a temp via an agency?
Then it's something entirely different. They don't actually have to give you any notice at all.

jmb080174 · Jul 8, 2008

No i was working for them as an IT contractor and they offered me a permanent position that I accepted and signed a contract for. The permanent contract started yesterday however an hour after starting work they said they were withdrawing the permanent job offer (despite me now having a permanent contract of employment and arriving for work on that understanding) however they were prepared to keep me on as an IT contractor for another 4 weeks.

maria102 · Jul 8, 2008

jmb080174 said:
the contract says start date and service to be confirmed when offer is formalised however i have been working as a contractor with them and have emails confirming start date and pay date etc. therefore i turned up for work on start date. It says that if they terminate employment notice will be provided in writing and wil be at least 4 weeks.
If they offer this job now to someone else in the team do i have any legal redress

If you were a permanent employee and they had to give you notice of four weeks to terminate your employment, and they instead offered to give you effectively four weeks notice as a contractor, wouldn't you be better off accepting that offer, as assumedly you would earn more as a contractor, ie be better off?

Mathew · Jul 8, 2008

I think you should take the deal they have given you. If you go down the legal option its hard work.

CertaxBexley · Jul 9, 2008

Well you could enforce the 4 weeks termination pay, but then you would'nt be used as a contractor - your call

yorkshirejames · Jul 9, 2008

How long had you worked for them as a contractor? Look up the case of Bushaway v RNLI - essentially her agency service plus her permanent employee service were held to be employment.

Do you have your own limited company? If so (and if you want to get some money out of this) I would do the work via your Ltd Co for the next four weeks, then once your invoice has been paid (and within three months of termination date - i.e. yesterday or whenever) send a tribunal claim for wrongful dismissal to get your four weeks notice.

I personally wouldn't blame anyone who does the above, however the company are likely to consider it underhand - would a bad verbal reference in the future harm you, for instance?

One other question - does your contract of employment specify a shorter period of notice within the first few months of the role?

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