Start delayed but contract signed - advice pls

suej102

I was due to start a new job yesterday following interviews, written offer, signing contract and my working out my month's notice at my previous job.

On Friday I received a telephone call advising that there were some organisational problems and I would not be able to start with the company on Monday as arranged, but would be updated with more information today.

I am still waiting for this update but wondered where I stand here - I have given up my previous role and am losing income whilst there is this delay - assuming that this delay is unpaid on the basis that I haven't yet started with the company.

In addition, I did turn down another role to accept this one and feel sick that I may now be in a very difficult place financially if this delay - or worse continues.

Can anyone advise me of my rights here or anyone had a similar situation?

Thanks.

SarEl

There isn't an easy answer. Technically if you had agreed the start date then the contract is formed and you are entitled to be paid from that date unless you agree to vary the contractual terms. On the other hand, you don't have 12 months employment, so they can sack you - giving you minimum notice. I'm afraid it a bit of a cleft stick - now perhaps not being the time that you can kick up a fuss. Have you tried explaining this to them and the position that it leaves you in?

suej102

Hi and thanks so much for your response.

I have said that I am now effectively unemployed and under contract to them as of yesterday, which seemed to come as a bit of a surprise to the Director that I have been dealing with - who was struggling to deliver the bad news without having really imagined quite what the consequences are for me here!

She is going to speak to her HR people tomorrow and let me know what they suggest - something I am quite surprised hadn't happened before they originally called me on Friday.

It is a difficult one because I don't want to get heavy handed with them if they are going to employ me from August, although this is still a little wishy washy. It is a really local and good job and I don't want to bite of my nose etc, even though part of me wonders whether they are going to be a very reliable employer given this shaky non-start, but I do feel that they should be paying me something given that they have placed me effectively 'unemployed'.

Am still a little bit in shock to be honest and feel really disappointed.