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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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, I have signed a contract with start date 3 weeks

Resolved Question:

Hello,
I have signed a contract with start date 3 weeks in the future. Five days later (still two weeks till contract starts) The Employer decided to cancel the contract without giving me a proper explanation. What do you suggest on how to pursue a remedy for the damages caused by the Employer?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Does the contract contain a notice period? what losses have you suffered?

Customer:

Hello Jenny,

Customer:

The contract mentions in the termination of Employment: 11.1 the company may terminate the Employment by giving to the Employee 4 weeks written notice

Customer:

additionally: the company reserves the right, at its discretion, to terminate the Employment immediately without giving the period of notice referred to above by paying to the Employee his basic salary (less deductions oaf tax and national insurance) in lieu of all or part of his notice period as the case may be. Such payment in lieu of notice shall not include any element in relation to any holiday entitlement that the Employee would have accrued had he worked the full period of notice

Customer:

Because I had to relocate for this job opportunity and I was in the process of finding a house, my losses should be around £200-£300 at least. Do you think I can pursue this?

taratill :

What does the contract say about start date and is the contract dated anywhere else i.e. the top?

Customer:

Mentions as Commencement Date: 1st February 2015

Customer:

plus: This Agreement is made on 9th January 2015

Customer:

It also includes a term that says: This contract is only valid on the assumption that [me] resided in London from the agreed start date/is able to work from the company's office. Does this affect anything?

taratill :

Are you living in Greece at the moment?

Customer:

I will move to the UK next week but I am in Greece at the moment yes

taratill :

and were you moving to the UK regardless of this contract?

Customer:

No. But fortunately I had other offers that I could pursue. Still I was lucky not to make to other long term financial commitments such as housing that would been pointless, because of different work location

taratill :

Ok as the contract is dated 9 January then the contract is in force and you can argue that they are in breach of contract. You can argue that in accordance with the contract you are entitled to 4 weeks wages by way of notice. It may be that they will say that this is only necessary to end your employment that has not started so the notice clause is not relevant but it is worth asking. In the even that they pursue that argument you can still pursue them for your financial losses so long as they flow directly from the breach of contract. If you were going to come to the UK anyway to pursue other options they may argue that there are no direct losses.

taratill :

Either way it is worth a letter before action to see if they are willing to pay.

taratill :

Once you receive a response you can take further legal advice as to whether it is worth bringing a claim.

taratill :

If you have any further questions please do ask. if i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thanks Jenny,

taratill :

Is there anything further you would like to know about this?

Customer:

Just one more thing: As further legal advice as to whether it is worth bringing a claim, what do you suggest. Contact a lawyer in person? What more info you think is needed to know if it is worth bringing a claim. In your opinion how long could that take?

taratill :

You can either do that or you can come back to me and I will give you an opinion based on their response at the time. You can ask for me by name in the quesiton.

Customer:

Yes, I think that there are direct losses from the breach of contract because they wanted me to commit to them and cancel other interviews and also reject other opportunities in order to offer me the contract. Anyhow, thank you for your time. If I have any more questions or feedback on the matter, I will contact you.

taratill :

No problem, please do remember to rate my answer as I am not otherwise credited for my time.

taratill :

I am happy to answer your follow on quesitons.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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