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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I had a job offer. I handed in my notice and was ready to start.

Resolved Question:

I had a job offer. I handed in my notice and was ready to start. Before my notice was up the company withdrew their offer as their head office had pulled everything. They've offered a weeks pay as compensation - I need to come and get some advice asap. I have a day off tomorrow - Wednesday 20/05/15!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. We do not have any offices we only operate online but we can discuss your situation on here. Did you have a contract with the new company and did it stipulate a notice period for termination?
Customer: replied 1 year ago.

No! as I stated before, it was an offer of employment. I hadn't actually started yet. I was due to go and sign, what would possibly have been a contract, this week. If I have an offer letter (email) do I have grounds to ask for more than a weeks wage as compensation. It was only by devine intervention that my current employers allowed me to withdraw my notice. I should actually have started the new job on Monday 18/05/15, but the new employers said that the training program had been put back a week - I should also have gone and signed any contract last Wednesday, but that was also delayed till this week.

Expert:  Ben Jones replied 1 year ago.
Have you actually seen the contract you would have signed and if there was a notice period in it?
Customer: replied 1 year ago.

No I have not seen a contract, because I was due to sign it this week as I said before. My query isn't about contracts - it's about an offer of employment! Do I have a case or not?

Expert:  Ben Jones replied 1 year ago.
Your rights will depend on what contract you may have signed. In any event your rights are rather limited in this situation. Until you have at least 2 years’ service you are not protected against unfair dismissal. His means the employer can dismiss you for more or less any reason and without following a fair procedure. This includes withdrawing an offer of employment.
Legally, also you may not have had a legally binding agreement in place which you can challenge. For an enforceable contract you must have actually accepted their offer. If they withdrew it before you accepted it then no contract would have been created in law and you cannot take this any further. Had you accepted the offer then a contract would have been formed but this would have only been on the terms which you agreed at the time of accepting it. If no contract was actually signed detailing the terms then you will only be entitled to receive what the law allows for in the circumstances. In the best case tis would be a week’s notice as that is the minimum you are entitled to by law in the first 2 years of employment. You have already been offered that.
Had there been a contract in place which offered you a longer notice period then you could have asked the company for tat but as you did not sign anything, all you would be entitled to is a week’s notice, which is already the offer that is on the table. You will not be able to pursue them for anything on top of that unfortunately.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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