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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I applied job at Brewer fare part of the Whitbread Group

Resolved Question:

I applied for a job at Brewer fare part of the Whitbread Group I got the job signed contract to start October 2nd on arrival I was told there was no job. I had already worked my notice at my previouse job now find myself unemployed.Where do I stand.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you have a contractual notice period for termination of this new job?
Customer: replied 1 year ago.

no turned up for first shift [already do free training shift before signing contract] told there was no job

Expert:  Ben Jones replied 1 year ago.
At best you would be looking for some compensation to reflect any notice period you would have been entitled to had you been given a job and then they decided to dismiss you. The main issue is that 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.).
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
So you are probably looking at something like a week’s pay because you could have been given a job and they could have still dismissed you on your first day and you would only get your notice period in that case. If you had a contract it would be that notice period stated in there, if you did not it is a week.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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