Withdrawn offer of employment - complicated!

Beckamaws

:mad:
Can anyone give me some advice here?
I resigned my position at company at which I had built up 13 years of security after a great job offer. I obviously waited until I had the offer in writing before resigning. I actually discussed the security of the company with the MD at the second interview who assured me that my area was not an area with any risk.
I was due to start early January. I heard over Christmas on the news that the company had called in administrators (you've all heard of them but I won't name and shame). They called me, confirmed this but advised that despite the risk they wished to see me on my start date.
The day before the start date they called me and said there was no longer a job for me and not to show up as the administrators would not permit the employment to commence!

So, I gave up a decent job and now I have no job. I have not been offered any compensation but I'm sure that I should be due something. My written offer and documentation specifies that during the thirteen week probationary period the employment can be terminated by one week notice either side. The trouble is that they terminated it verbally a day before my start date.
And they have the administrators in anyway, so who would I approach to initiate any claim?

To further complicate the issue the company has advised that they still wish to employ me 'at some point, when a buyer has been found' and they will keep me posted. Potentially this could be a good plan depending upon the future situation, so I'd rather not go in ranting!

What a mess.

Thanks for listening and I would appreciate any advice.

Becka

withabix

Very little you can do, if the company is in Administration.

You have very few rights (other than those related to discrimination) for the first 12 months in a job anyway.

Do the company you have left not want you back?

whitewing

Would your old employer have you back (okay, it wouldn't count as continuous employment)? Worth a call, perhaps?

I know of a number of people who have gone back to old jobs in similar circumstances. (Don't know if their replacements existed or were 'let go' though. The latter would be awful).

Beckamaws

Nice plan, but it's a non-starter.
The guy who replaced me was in a redundancy situation himself from a different office. When I resigned they offered me more money to keep me and when I refused (like an idiot) they shifted him across. He's not 'ideal' for the job but it was a quick fix that killed two birds with one stone.
They were pretty irritated when I told them but the company has a Europe wide hire ban at the moment due to the economic situation. They can't create me a job even if they want to.

ohreally

Beckamaws wrote: »

To further complicate the issue the company has advised that they still wish to employ me 'at some point, when a buyer has been found' and they will keep me posted.

Tricky one. You may have grounds to seek compensation however it's anyones guess what the outcome would be given they are in administration.


What happens if an employer withdraws a job offer?

Once you've accepted an unconditional offer, and the prospective employer withdraws it, you can claim for compensation for breach of contract.

Beckamaws

Yes, I read that too.
My friend works there and she suggested calling the Administrators. They take all of the calls from the switchboard anyway. I just wanted to know my rights before I phone them and make unrealistic demands.
I understand that I am probably really only entitled to 1 week of pay, but in these circumstances it's better than nothing.

ohreally

Beckamaws wrote: »

I understand that I am probably really only entitled to 1 week of pay, but in these circumstances it's better than nothing.

Please, take advice from a competent person re what is reasonable. It's too late to revisit your claim after it's settled.

Good luck.

Fatpants

Hi

Something similar happened to me back in Sept. I resigned from a good job when offered an even better one (waited for signed contract etc.), also told that in the current climate they were going strong. 2 weeks before starting they withdrew the offer. I was gutted as I couldnt go back to my old job but without asking they offered my 5weeks salary, 2 weeks redundancy which 'aparently' was what I was due and also 3weeks as compensation. Luckily I found a temp job and havent been out of work so that money has come in handy. I think its definetly worth finding out if you are due anything as it may come in handy if you are now out of work?

Good luck.