Job offer withdrawn,notice given to old job..desperate situation.

Funky_Bold_Ribena

r1979 wrote: »

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?

Oh, sorry but we don't have a job for you any more.

There, that's how.

r1979

Funky_Bold_Ribena wrote: »

Oh, sorry but we don't have a job for you any more.

There, that's how.

and that ^ is legal?

Funky_Bold_Ribena

r1979 wrote: »

and that ^ is legal?

Yes. It is. Why would it be illegal?

r1979

So the advice on the gov.uk site is wrong?

Once someone has accepted an ‘unconditional’ job offer, they’re in a legally binding contract of employment. However, a ‘conditional’ job offer can be withdrawn if the person doesn’t meet the employer’s conditions (eg satisfactory references and health record).
A job offer doesn’t have to be in writing, and nor does the acceptance - but it’s a good idea for employees to ask for and give something in writing.

Employees should wait until they get an unconditional offer before handing in their notice as a conditional offer could fall through.

If an employer withdraws their job offer
The person who accepted the offer can only take action if:

the job offer was unconditional - in this case they can sue the employer for ‘breach of contract’
they have evidence that the employer discriminated against them when withdrawing the offer - in this case they could take the employer to an employment tribunal

Funky_Bold_Ribena

That doesn't make it 'illegal'. They will not get arrested for it.

They might end up paying the notice period. But that's about it.

r1979

I don't want them arrested..goodness me..all I'm trying to establish here is if the company is at fault in their handling of the situation.I'm sorry if this appears trivial to some but this is my life they are messing with.

Funky_Bold_Ribena

If they are, then they have remedied the situation by offering you your old job back. I can't see a tribunal awarding you compensation. What is it you are after here?

zzzLazyDaisy

r1979 wrote: »

So the advice on the gov.uk site is wrong?

the job offer was unconditional - in this case they can sue the employer for ‘breach of contract’
they have evidence that the employer discriminated against them when withdrawing the offer - in this case they could take the employer to an employment tribunal

The advice is not wrong, but it is misleading.

If an unconditional offer of a job is withdrawn, this is technically a breach of contract. However, since the law changed in April 2012, an employer can dismiss an employee for any reason or no reason at all within the first two years of employment (provided the reason does not amount to unlawful discrimination - sex, race, disability, etc). All the employer is obliged to do is to pay the required notice pay. If the employer fails to give the required notice, the employee can make a claim for breach of contract - but compensation is limited to the amount of the notice pay.

For someone with under two years service statutory notice is one week. If you have less than 1 month's service, there is no statutory notice requirement at all. It is true that some companies give a contractual notice that is more than statutory, but it is rare for the contract of employment to be signed prior to starting work, so generally the statutory provisions apply. Which for a brand new employee, with no previous history with the company is..... £0

If the offer is withdrawn owing to some discriminatory reason, then that is a whole different ball game.

zzzLazyDaisy

r1979 wrote: »

I don't want them arrested..goodness me..all I'm trying to establish here is if the company is at fault in their handling of the situation.I'm sorry if this appears trivial to some but this is my life they are messing with.

Regardless of whether the company has handled the situation badly, you have little recourse because even if you did make a claim against the new employer for breach of contract, and even if you were entitled to claim full contractual notice pay (let's say you had a three month notice agreement in your new contract).... you have a legal duty to take reasonable steps to mitigate your loss. You have been offered your old job back, so any compensation would be limited to the difference between the notice pay in your new job (if higher) and the earnings over the same period in your current job. Is it really worth the hassle?

getmore4less

I think the key here is there may not be two companies

Is there a company A and B. or has B been bought by A.

What do you hope to gain by taking any action,

The result is most likley some money and no job.

what if they say OK you have your new job but that does not exist any more so you are on notice, the suitable alternative is your old job back.