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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7443
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My Husband was on a 12 month contract with the Local

Customer Question

Good afternoon, My Husband was on a 12 month contract with the Local Authority which is due to finish tomorrow, he was sent home on Thursday due to being high risk. He was due to start a new job on 1st April but has been told this will not take place now as he is in self isolation. Where do we stand employment wise as we still have bills, mortgage etc to pay, thank you
JA: Where is your husband? It matters because laws vary by location.
Customer: He is in Redcar and Cleveland
JA: What steps has your husband taken so far?
Customer: He does not know what to do, as they have said that there is nothing he can do as he was on a year contract and the new employer said he hasn't officially started
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you
Submitted: 10 days ago.
Category: Law
Expert:  Michael Holly replied 10 days ago.

Good evening

Presumably, he was offered to new contract and accepted it, to start from 1/4/20.

Has the new employer simply delayed the start or are they claiming that the contract is now void ?

 

Michael

 

Customer: replied 10 days ago.
The new contract is with another Local Authority, he went and completed bank information etc last week but they have said today that it would be void
Customer: replied 10 days ago.
They said as he had't officially started there was nothing they could do
Expert:  Michael Holly replied 10 days ago.

Thank you.

The commencement date of the contract is only one term of it. The inability to start on the exact date does not automatically mean the contract is void and "they can do nothing about it" .

Suppose, for example, that your husband could start a week later , then they might be expected to wait for him.

The LA would be entitled to terminate the contract if there is an appropriate clause in the contract, if they are reasonably assuming that the performance of the contract will be substantially affected in a negative way or if the next few weeks when your husband will be definitely unable to attend is crucial to the reason for the contract.

Your husband has a choice he can appeal/ complain about the decision with the LA or accept the position as it is as it appears that substantial help is to be provided to help the self employed etc through this period.

If there are any further points kindly reply I will be happy to respond.

Otherwise, please either click to accept or rate my answer on the system so I get credit for my time.

 

Best wishes

Michael