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Job offer and jury service, advice wanted
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Sorry. The only conditions under which it is possible, in your hypothetical case, to sue for loss (and it still isn't an unfair dismissal) is where the employee has contractual notice already and is within the contractual notice period. If contractual notice has been agreed then that, or the balance of it, is due from the employer. There have been, I know, a few cases, not many, where employees have tried to sue for loss of their former employment. I don't off the top of my head know of any that won (and these types of cases tend to be high flyers, not retail assistants). But I admit that I am not sure about that because it isn't my area of law. Remember, that is contract law, not employment law. And I don't do contract law, which is a highly specialised area as well.
Thanks.
That really was the point I was making. She does have a claim for contractual notice if she could prove that a contract was made and it contained a right to more than the statutory notice (i.e. nil in this case).0 -
If this is not the case, are you saying there is no redress if somebody is offered a job, accepts, gives notice on their old employment only to have the offer withdrawn for no reason?
I worked 3 months notice in one job and the people I was going to called me on the final Friday afternoon before I was due to start with them on the Monday, and said sorry but the offer was withdrawn. due to poor financial results.
They gave me a month's pay anyway.
I took legal advice, and they said that the month's pay was more than could be expected.0
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