Job offer withdrawn,notice given to old job..desperate situation.

Jules2012

As above maybe speak to ACAS but I don't think you have any legal standing, maybe someone more versed in employment law will comment later.

euronorris

r1979 wrote: »

Slightly surprised the main focus of replies is my exit interview rather than the breach of contract,withdrawal of offer via TEXT message etc....
I acted in good faith and with reassurance from far senior managers that the offer was concrete.Only for them to admit this afternoon that they did not follow correct procedure.It stinks.

It does stink, but we are not lawyers, so we can only offer you practical advice for the short term. For legal advice you will need to contact an employment lawyer who will be able to advise you. Maybe take up one of those free half hour advise offers they have?

But......be warned. Legal battles with companies can be long, expensive and extremely stressful. Trust me. Whilst companies shouldn't be able to get away with certain behaviours, the truth of the matter is that sometimes it's best to leave it, find a job elsewhere and move on. For the sake of your sanity and bank balance.

getmore4less

r1979 wrote: »

And harsh words as in..I can no longer work for you,I thought you handled x badly and I objected to you speaking to me like y,I cannot wait to leave,I've hated this year etc
Not a shove it up your !!! kind of harsh.

r1979 wrote: »

Not true.The reason I'm being blocked from moving is because my old boss doesn't want me to take business away and says they do not want to lose me.I have already had text,emails saying as much and the area manager calling and my old boss all asking me to go back saying they will disregard my notice.
He is protecting his business ..simple..

Rather than fight make the most of it, if the busineses are compatible won't there be a merger/consolodation at some point?

Look at the bigger picture if you want to remain part of it.

workout what the big bosses want/need to make this work, your local boss has made their move "they can't let you go" so make that work to your advantage(do not push it back in his face).

iSlideOnItConstance

Same thing happened to me January 14th Picked myself up and moved on with my life.

r1979

Thankyou so much for your input.
Have now spoken to an employment law solicitor and ACAS.Both have advised breach of contract has occured and I think they said loss of expectations?
We have everything recorded from the start showing they followed incorrect procedure.The RM has also admitted this has all happened because they did not follow company procedure correctly.
We have been advised to file an ET1 form? with the justice department.

BobQ

r1979 wrote: »

Thankyou so much for your input.
Have now spoken to an employment law solicitor and ACAS.Both have advised breach of contract has occured and I think they said loss of expectations?
We have everything recorded from the start showing they followed incorrect procedure.The RM has also admitted this has all happened because they did not follow company procedure correctly.
We have been advised to file an ET1 form? with the justice department.

An ET1 is the first step in making an Employment Tribunal case. If their advice is that its worth doing that is their advice. Its not clear if the claim is against your present? or intended employer. However, be aware that most employees who take their employer to court leave the employer (win or lose) in the short term.

zzzLazyDaisy

r1979 wrote: »

Thankyou so much for your input.
Have now spoken to an employment law solicitor and ACAS.Both have advised breach of contract has occured and I think they said loss of expectations?
We have everything recorded from the start showing they followed incorrect procedure.The RM has also admitted this has all happened because they did not follow company procedure correctly.
We have been advised to file an ET1 form? with the justice department.

I am sorry, but whoever told you this was speaking nonsense.

There is no such thing as 'loss of expectation' in employment law.

Breach of contract applies only to an employer's failure to give contractual notice, or payment in lieu of notice, which does not apply here as you were going to the new company with continuity of service intact, so there has not been a termination, simply a failure to transfer your employment from company A to company B.

I have no idea why the two companies agreed to transfer you with your continuity of service intact because this is normally only the case under TUPE which only applies where an identifiable part of the company is being transferred from company A to company B, not when an employee applies for a new job with an associated company. But you should be very grateful that it was done this way, because had this been an entirely new job with a fresh employer, the new employer could have withdrawn the job offer for any reason at all (apart from unlawful discrimination) and the old employer would have had no obligation at all to allow you to rescind your notice.

r1979

zzzLazyDaisy wrote: »

I am sorry, but whoever told you this was speaking nonsense.

There is no such thing as 'loss of expectation' in employment law.

Breach of contract applies only to an employer's failure to give contractual notice, or payment in lieu of notice, which does not apply here as you were going to the new company with continuity of service intact, so there has not been a termination, simply a failure to transfer your employment from company A to company B.

I have no idea why the two companies agreed to transfer you with your continuity of service intact because this is normally only the case under TUPE which only applies where an identifiable part of the company is being transferred from company A to company B, not when an employee applies for a new job with an associated company. But you should be very grateful that it was done this way, because had this been an entirely new job with a fresh employer, the new employer could have withdrawn the job offer for any reason at all (apart from unlawful discrimination) and the old employer would have had no obligation at all to allow you to rescind your notice.

Wow totally different advice there thankyou.I have no idea what TUPE is though,I will have to look.So are you saying that despite accepting a formal offer and being advised to give notice to my old position I have no case?ty

r1979

I'm sorry but how exactly can a company withdraw a formal offer that has been formally accepted..for any reason..without recourse? I'm very confused by your post?

Funky_Bold_Ribena

r1979 wrote: »

Wow totally different advice there thankyou.I have no idea what TUPE is though,I will have to look.So are you saying that despite accepting a formal offer and being advised to give notice to my old position I have no case?ty

Yes otherwise LD would have said 'I think you have been advised correctly and have a case'