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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47334
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I accepted a job offer after all the preliminary interviews.

Resolved Question:

I accepted a job offer after all the preliminary interviews. A contract was sent to me with all agreed details. This was promptly sent back. I then put in my notice period of 4 weeks to my current employer.
A business plan was created to replace me. Arrangements were made with me training a replacement which did put me under considerable pressure to complete this before I left.
4 days before I was due to leave, the new job was retracted due to 'business restructuring'.
I then approached my current employer to request if it was possible to retract my notice. The decision was delayed until the day before I was leaving (to ensure the training had been completed). Eventually this was refused and I left a day early due to the devastating effect that this decision had on me.
I have now been left unemployed and I will find it difficult to find an equivalent job at my age (over 60 yrs) through no fault of my own.
I have been to CAB who have advised me to claim for 'Breach of Contract' but I feel I should be claiming for a lot more. I will be contacting ACAS soon but I would just like your opinion on my predicament.
Thanks
Chris N.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what was the notice period for the new job based on the contract that was issued?
Customer: replied 1 year ago.
1 month lieu of notice
Expert:  Ben Jones replied 1 year ago.
In the circumstances breach of contract is really what you can claim for, because you had a binding contract in place which the employer failed to proceed with. You cannot claim for unfair dismissal and future loss of earnings because you need 2 years’ service to be eligible to claim, which you do not have. Also you cannot claim for discrimination as the reasons for not going ahead with the job are not linked to your gender, age, race, religion or a disability. So breach of contract is the sole claim available here. In terms of damages for the breach of contract, you would be able to claim for the month’s notice you were due under contract. If you think about it, you could have started the job with them and then on day one of your employment with them they could have issued you with the month’s notice to terminate your employment. You would not have been protected against unfair dismissal due to not having 2 years’ service so they could have legally terminated you just by giving you a month’s notice. As such in the circumstances the best you could hope for is the month’s notice which you would have been due had you started with them. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Thanks for the advice Ben. It confirms what other people have also said. Many Thanks
Chris N.
Expert:  Ben Jones replied 1 year ago.
You are most welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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