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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 65036
Experience:  Qualified Solicitor
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I'm currently working my notice period I have one week left

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I'm currently working my notice period I have one week left and my new employer has withdrawn my contract because of covid19. Where do I stand?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I'm speaking with hr of new employeer today but so I have facts correct I wanted to check where I stand as I now don't have a job.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No I don't belong to a union. I'm currently employeed but working my notice.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think so...

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

When did you accept the offer and when were you due to start the new job?

Customer: replied 18 days ago.
Ok, no problem.

Thank you. Please provide the information requested

Customer: replied 18 days ago.
I cant really
Customer: replied 18 days ago.
I prefer to message currently.

Sure no problem. So that I can assist, I will need you to provide the information requested

When did you accept the offer and when were you due to start the new job?

Customer: replied 18 days ago.
I accepted the job on the 17th Feb and was due to start on 31st March. I have a offer letter and contract but they are now advising due to covid19 there is no job for me.
Customer: replied 18 days ago.
Do you need to know anything else?

No that is all for now and thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

 

Many thanks for your patience. If you had accepted a formal offer by the employer then you can certainly argue that you had a valid and legally binding contract in place. Their failure to take you on would therefore amount to a breach of contract on their part. However, as they could have taken you on as normal and then dismissed you on your first day (you don’t have unfair dismissal protection in the first 2 years of employment), then all you would have been due is whatever contractual period you would have been entitled to. If you had no contract issued yet then it may be just a week’s notice which is what compensation you could consider pursuing them for.

 

Does this answer your query?

Customer: replied 18 days ago.
Does frustration law come into this?

Potentially it may but it is far from clear and it has to be tested through the courts. Until this has been done by either party you should proceed on the basis it is still a breach of contract . Does this clarify things a bit more for you?

Customer: replied 17 days ago.
Kind of. Could they make me redundant before I start?

You need to be employed by them to be made redundant, but they can allow you to start, even for a minute, then dismiss you – you would still be due your notice period though

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Customer: replied 16 days ago.
Yes that's answered by question. Thank you.

All the best

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