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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64919
Experience:  Qualified Solicitor
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I resigned from my current employer giving the contracted

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Hi
JA: Hi. How can I help?
Customer: I resigned from my current employer giving the contracted six weeks notice, I am due to finish on the 2nd April and start my new job on the 14th April. Where do I stand in the current situation if the new employer is closed due to Covid-19?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not as yet, I emailed the new employer last week but as yet have received no response
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee No union membership
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's everything I just want to know where I stand on a legal basis as the new contrct is all signed for a start on 14th April

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.

Customer: replied 15 days ago.
Hi Ben

When did you sign the contract for the new job and would you be considered a key worker?

Customer: replied 15 days ago.
Hi

I signed the contract at the beginning of March and I doubt I would be deemed a key worker. Its for a business development role at a local college.

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 as formal offer by the employer then you can argue that there is a legally binding contract in place. Therefore, if they fail to employ you as promised they would be acting in breach of contract. If you were issued with a contract by them you should check to see if there is a lay off clause or anything similar which would allow them to stop you from working without pay.

 

If no contract was issued or no such clause exists then what they could potentially do is tear up the offer and not employ you, or just delay your start date, although that would potentially allow yo to claim damages from them. In general, any damages would be equivalent to the notice period you would have been due had you started with them and been dismissed immediately, which they could have legally done. Again, it depend son whether you had a contract which contained a notice period ands if not, then it is usually a week’s wages.

 

Does this answer your query?

Customer: replied 14 days ago.
Yes it does Thankyou for your help

All the best

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