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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If you sign a contract to start work and the week you are due

Resolved Question:

If you sign a contract to start work and the week you are due to start you are asked to come in to the office do a role play, but instead you have to take a test, not mentioned prior. You then are asked to do role play in the second week, at this stage still not started working. In the week you are actually told you can start the company emails you to rescind the contract, on basis test not satisfactory and despite owner of company telling you can start the day after the role play and offering to pay you from the date you should have started. is there any redress?
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. Did the contract have a notice period for termination?
Customer:

as far as I am aware the contract was on 6 month trial period.

Customer:

unable to see your answer please resend

Ben Jones :

Hi, sorry not sure why my initial response did not go through so will try again. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). You can see this as a dismissal because your contract was terminated, even if you had not started working there yet.

All you can expect in the circumstances would be the contractual notice period you were due under contract. So check to see what the employer would have been expected to give you in terms of notice if you were to have the employment terminated. That is what you can expect in terms of pay – the equivalent of that notice period. You can also expect pay from the date the contract should have started until it was terminated. If there was no notice period mentioned then you will not be able to claim anything for notice pay but you can still ask to be paid for the time from the original start date of the contract until the date you had the contract terminated.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you that is very clear.

Customer:

excellent thank you

Ben Jones :

you are welcome, all the best

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