Breach of contract??

donna-c-86

So quite a long story but if anybody can help I would really appreciate it:

I had a job interview for a hr/payroll administrator and was so happy when I got a call to say that I had got the job. I was asked to hand in my weeks notice straight away as they wanted me to start asap. So I did that on 17th Sept. They asked me to come in and fill in some forms later that day which I did.

They also had to do a DBS for me as I would be dealing with confidential info. They said it should come back within a week or so and they would ring me when it was back so I could get started.

My last day for my previous employer came and went and I still had heard nothing from my new place. I decided to wait until wait until the end of that week and id chase them up. I rang them Friday just gone and asked how my DBS was getting on and they told me they hadnt received anything back yet. So I rang the DBS place myself and they told me it had in fact been finished on 30th Sept and my new employer was emailed on this date to inform them.

I knew something was wrong here so phoned the managing director himself and he told me hed just come out of a meeting and could I ring back on monday for a long chat.

I tried all day today to get back in touch with him. Finally at 19.30 he called me and told me they have decided to restructure and would I be able to do some of the office work and some support worker stuff instead. Being a support worker is not something that has ever been of interest to me. I have been out of work since 24th Sept and Im a single mum of two. Can they really do this to me by law???

thanks in advance and sorry for the long read!

getmore4less

You resigned before you had a unconditional job offer with a start date

Choice is take what's on offer till you find better or try and claim benefits.

ohreally

Can you rescue your previous job - any port in a storm?

timbo58

You applied and were taken on as a payroll/HR admin, you are not obliged to take on anything other than that or broadly similar office work.

Firstly I'd see if your previous employer would take back your resignation -be honest and tell them you were stitched up.

Then I'd contact the CAB as they may well know what action you can take against this employer, although a contract is not actually formed until you have signed it and they have signed it on day 1, so I'm not sure you'd have any claim.

donna-c-86

I havent signed a contract yet but I did get a letter of job offer which stated the start date will depend on dbs. My replacement has already started at my old place. Just cant help feeling extremely annoyed!

Another_not_new_user

Sorry. It's no consolation but it is irrelevant whether you had a confirmed offer or a conditional one. In the absence of anything saying otherwise, there is no notice required for the first four weeks of employment. Which basically means it doesn't matter what they offered you - they can "dismiss" on the spot since you hadn't even started. You can't go back so you don't have a lot of choices. Accept what they are offering until you can get something better, or the Job centre.

donna-c-86

thank you for everyones advice

Undervalued

donna-c-86 wrote: »

I havent signed a contract yet but I did get a letter of job offer which stated the start date will depend on dbs. My replacement has already started at my old place. Just cant help feeling extremely annoyed!

The fact that you have not signed the contract may not matter. If you can show that it specified what notice they would have to give you to terminate your employment then they must pay you for that.

Unfortunately, if nothing is specified then the legal default applies which, as stated above, is zero in the first month.

donna-c-86

i was given an employee handbook so I will have a look. I will be contacting ACAS in the morning as it states on their website that they may have to pay loss of earnings.