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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My niece was offered a job, a contract was signed by both parties,

Resolved Question:

My niece was offered a job, a contract was signed by both parties, she did have a probationary period of one month in her contract. She resigned from her old job and worked her notice period only to be told a few days before starting her new job that they are rescinding the offer and paying her a week's salary in lieu. My query is, is this breach of contract? Does she have a claim for better compensation given it will take her longer than a week to find a new job? She also lives in Grantham where the job market is poor. Your help, advice is much appreciated.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can the tell me the reason for withdrawing the job offer please.

Customer:

Hi Ben, my niece was told that the firm are moving the location of the job to 50 miles away. She was told over the phone that they knew this might be the case over two weeks ago! They know my niece is young 18 and has not passed her driving test so relocation is not an option for her.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Thank you.

Ben Jones :

Sorry just before I finalise my response, did the contract have a notice period for termination?

Customer:

Hi Ben, in the first six months of probation the notice period is one week.

Ben Jones :

Thank you. The news is not good unfortunately. There is no breach of contract here – the contract specifically provided that she could be dismissed with a week’s notice and she has received that. There is no fixed term that the contract had to last for so they could dismiss her at any time as long as they give her the notice period under the contract. She also cannot claim for unfair dismissal because to do so she needs at least 2 years’ continuous service. So the employer can dismiss her for more or less any reason as long as they give her the notice period required under contract, which they have. Therefore, the employer is legally able to dismiss her simply by giving her the notice period under contract. She would receive the pay which she would have earned had she worked the notice period but on top of that there is nothing else they are obliged to pay her and she has no grounds to seek additional compensation and also due to not meeting the minimum service requirements she cannot challenge the dismissal itself.


 


I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Customer:

Hi Ben, thank you. I suspected that may be the case. It seems such an awful thing to do to someone, especially as she had a good job and is now unemployed and given the market it will take her some time to find another job. She is understandably heartbroken but it is good to know where we stand so we can move on.

Ben Jones :

Yes it is rather unfortunate, sadly morals and the law do not always match and it is a shame someone will inevitable be affected by this

Customer:

Thanks again for your help Ben. We will now work with my niece and do all we can to help her find another job. Best wishes for a lovely weekend. Jan

Ben Jones :

And to you too, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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