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Ask taratill Your Own Question
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6430
Experience:  15 years experience of advising on employment law matters
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Hello, I have been offered a job and got an employment offer

Customer Question

I have been offered a job and got an employment offer letter. I was offered this some 3 weeks ago. Yesterday I had a meeting with one of the owner/directors and was told that unless I earn money for the company, there will not be any money available to pay me next month.
The employment offer states an annual salary, however there is a paragraph that reads:
"Your monthly remuneration will be subject to available earnings within GalxC Cooling
Solutions Ltd, however for cash flow purposes this may be subject to a loan from GalxC
Cooling Services Ltd to GalxC Cooling Solutions Ltd at the discretion of the board."

I have obviously now decided not to join the company due to this, but is there any legal action I can take against them for misleading me on the position or the fact that my salary possibly wont be paid?

Many Thanks
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.
Hello and welcome to Just Answer, have you actually started work for them?
Customer: replied 4 years ago.

No, im due to start Monday 24th June.



Expert:  taratill replied 4 years ago.
Hello there the only possible claim would be in breach of contract as the contract has not commenced there has been no such breach.

If you have any questions about this please ask. If I have answered your question please give a positive rating. Thank you and all the best.
Customer: replied 4 years ago.



Apologies, im a little confused.

you say I can claim breach of contract, but there is no such breach.


Is there anything I can claim from them?


Basically - I resigned from another job to join them, only to find they possibly wont pay me.


I am going out for a few hours now, I will be back in front of laptop later.


Many Thanks



Expert:  taratill replied 4 years ago.
Hi sorry if my answer was unclear. There is no breach of contract on their part so there is no claim you can bring against them.

I understand your point about resigning from your other position but unfortunately this does not assist you. You could ask for clarity on the clause in question, which potentially breaches the minimum wage act.

I am sorry this is not the answer you were looking for but there is really nothing you can do about this from the point of view of trying to sue them.