My new contract was retracted after I handed in my notice! What can I do?

JoJoMc

Last monday the 24th June I was offered a new job in teaching, a letter of offer and a permanent part-time contract was emailed to me. The position offered was for three days a week .6 and I asked if I could negotiate for a .8 4 days a week. The HR adviser I dealt with sent me an email saying they really wanted me to join them and would negotiate the extra hours for me. She asked me if .6 would be a deal breaker and I said no as the decreased hours would allow me to spend more time with my son. Knowing that I had a good deal already on the .6 I handed in my notice at the college I work at on Friday I had the offer in writing and the contract. She said she would get back to me on Monday 1st July and let me know.

She called and said that she couldn't offer a .8 and that after looking at student intake for September she was retracting the .6 contract! Obviously I had handed in my notice and I told her this. She said that I did this in haste and that as I did not officially accept the offer she could retract it. I then said there had been no reason for me to sign it as she had said she would negotiate a .8 contract for me. At no time did she advise me that the offer could be retracted unless signed.

Essentially she has left me jobless. What can I do, could I sue or is she right as I did not offically accept the offer? At no time did she appologise to me, she had the nerve to say to me that I should go back to my ex employer and ask to retract my resignation. I am digusted by this. Any advice appreciated.

theoretica

Until you have been employed for two years your employer can dismiss you very easily. An apology would have been gracious, but is all you could expect.

The advice to ask to rescind your resignation is, unfortunately, good.

Southend1

No

Best advice is probably to ask for your old job back. sorry.

fannyadams

Oh Dear! Sorry to hear this has happened to you. it seems to happen a lot on here.
Ok so these are the questions that need answering:
did you write back and accept the job?
did you at any point in the phone conversation with HR actually accept the job by saying "I accept the job" or using a phrase that could eb construed as you accepting the job?
if you have indeed accepted the job then the most you will be able to get is one months money as that is how much notice they have to give you to terminate your contract (check the contract T&C which I assume you have as you have handed in your notice)
go to see the Citizens Advice Bureau they will help you word the letter correctly to ensure you get your money. but NO they don't HAVE to employ you and yes you jumped the gun a bit by resigning.

will it make a huge diffference to you if you do not have the 0.6?

can you get your old job back or is there no going back on that one?

princessdon

My hubby had this a few years ago, accepted Job b handed in notice at job a.

They refused to sign or provide a contract - he pushed on this so he knew what custom and practice he was agreeing to in absence of a formal contract. He then went to their Xmas night out (invited) and after a few beers the staff he was to manage loosened their lips). He pushed again for a formal contract, they then removed the job offer.

Even signed agreements mean nothing

pawsies

what do you mean by .6 and .8?

zzzLazyDaisy

No

It really doesn't matter if you accepted the job or not. During the first two years you have very few employment rights. If they have decided not to proceed with the position you have no employment rights at all. The job no longer exists. Even if the contract was in existence, at best all you would be entitled to would be notice, but since a start date hasn't even been agreed, they can give you notice that the job isn't going to start.

In any case, you were offered a job on particular terms, you declined to accept and made a counter offer, so you hadn't accepted the job as offered, nor had you signed and returned the contract. So no contract was in existence and you cannot even claim breach of contract for failure to give notice (which always was a long shot anyway).

Sadly this happens a lot, and the best advice really is to speak to your current employer and ask to retract your notice (bearing in mind that the employer is entitled to rely on the notice and is not under any obligation to agree to your request to retract it.)

Southend1

No

pawsies wrote: »

what do you mean by .6 and .8?

I'm guessing FTE

Dimey

Never hand your notice in until you have the job offer letter in writing and signed agreement.

I'm afraid you did jump the gun.

I don't know what the .6 & .8 are either.

JoJoMc

Thank you for all your replies.

a .6 is a 3day week contarct and a .8 is a 4 day week contarct. Yes this is within a Further Education sector. Looks like having a contract and a letter of offer is not good enough.

I was asked if .6 (3day week) would be a "deal breaker" and I said no not at all. That I would do it as I could spend more time with my child as the three day week offer was the same pay for the four day week I currently work on..

RoxRoxBling

No

Unfortunately, a similar thing has happened to me. Got offered a job, worked my 4 weeks notice, and then when I turned up to the new job Monday morning.
They gave me $4!t and I was jobless.
(Which they could have told me before I worked my full 4 weeks notice) and I Couldn't even go back to my old job.

I'm sorry about your situation, I know it sucks, but $4!t unfortunately happens.