How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50150
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I applied for a job with my current employer, at a different

Resolved Question:

I applied for a job with my current employer, at a different branch (aslo different hours) 2 months ago, I was offered the job and accepted it the day after I was interviewed. They told me I could take up the new job on Monday 7th July 2014. I went on holiday from 25/6 - 2/7 and I also took 3/4 July so I did not have to return to my old place of work after my holiday. When I arrived at my new job this morning the area manager met me and told me that they had made a mistake and the new job did not exist as there was no funding for it and it should never have been advertised!- and I was sent back to my old job. Also, I took this holiday in June in preparation for the new job, rather than at the time I wanted so that I could settle into the new job without interruption, I also made changes to my personal life- committed to providing child care for my grandaughter so her mum can resume her studies at college. What are my rights in this situation please?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is it actually the exact same employer in the two jobs?

Customer: replied 3 years ago.
it is
Expert:  Ben Jones replied 3 years ago.
How long have you worked there for?
Customer: replied 3 years ago.
I've worked for the company for 2 1/2 years
Expert:  Ben Jones replied 3 years ago.
Your employer appears to have acted in breach of contract because they have gone back on the formal contractual offer they gave you and which you accepted. It may have been due to an error by the employer but they are the ones in the wrong here and they are liable.

In terms of what you can do about it, then you have a few options:
• You can raise a grievance with the employer over this and lodge a formal complaint. However, you cannot force them to put you back into that job and it could just end up in them apologising and changing their internal procedures to ensure it does not happen again
• If you believe that this has breached the trust and confidence to an extent where you cannot continue working there, you would consider resigning and claiming constructive dismissal. You would be seeking compensation for future loss of earnings from being forced to leave but you have to try and find a new job so if you do so reasonably soon then you will not get much and in general such a move can be risky
• You can app[roach them directly to compensate you for any losses incurred as a result of this, whatever these are, but they may be reluctant and you would then have to consider taking them to court. However, you should also think about how much you are trying to recover and whether it is worth it going as far as court for that.
• Finally, the holidays – it is unlikely you can get compensated for these – the law allows the employer to force you to take your holidays on days they choose so they could just claim that whilst you choose to take the days when you did because of their promise, they could have easily forced you to take them then legally anyway and the courts are also unlikely to do anything about this particular aspect.

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 and 2 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Customer: replied 3 years ago.
Sorry for the delay was pondering it over with my partner and some work colleagues, just a couple of things my employer does not force holidays they are just diaried as and when needed and in the meantime while waiting for job start date lost the opportunity of applying for three other jobs within the company.

I'm so upset about this I'm seriously considering resigning.
Expert:  Ben Jones replied 3 years ago.
So do you actually wish to resign as a result of this? If so what further advice do you need in relation to this please?