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Job offer cancelled !!

2

Comments

  • robatwork
    robatwork Posts: 7,306 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    aj9648 wrote: »
    Hi

    A month ago I went for a new job and got it....signed contract extension etc and all seemed fine. I

    This confused me - you signed a contract extension? What do you mean?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Gavin83 wrote: »

    Correct. You've entered your contract and therefore they'll need to pay you your notice period. Still not great for you but at least it gives you another month to find a job. I'd pursue this quite heavily (ie: would take it to court) in your situation, you've no relationship with them and therefore nothing to lose.

    .

    I am wondering on what basis everyone assumes that there is a right to notice pay or any other compensation - especially since nobody knows the terms of the contract.

    There is a month and a half until the OP was due to start work. Statutory notice in the first month of employment is nil. Unless there is a contractual obligation to serve notice longer than that, and assuming that contractual term is enforceable before employment has even started (which it may not be), then the notice period would start from last week - the date the "notice" was served. So payment would, if due, only be due for any period after the middle of January, since the pay between now and then is nil, and not payable.

    Assuming that there is anything left payable, the OP would then have to determine a course of legal action which is affordable. If they went through small claims, they may win, but equally, if the employer argues any basis of case in employment law, the court has no jurisdiction, and would have to defer judgement to an employment tribunal - the cost of which will probably exceed the amount owed.

    I don't see this strategy being worth the effort and time to mount a case when the OP unfortunately has better things to do - like finding another job. Regrettably these things happen, and the best thing to do is to focus on finding other employment.
  • From my understanding a worker has no rights anyway for 2 years. So even if you have signed a contract a company can get rid of you (with justification) immediately - whether you have started or not. Unfortunately this situtaion is very unfair on the OP but nothing you can do and hopefully another company will treat you better.
  • andygb
    andygb Posts: 14,655 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I really hope that you get another job soon aj9648, or your present company is understanding and lets you stay.
    You have done nothing at all wrong, and could not have foreseen anything like this happening.
    For those on here who said that you should have had a "backup" job just in case - they are in cloud cuckoo land.
    I would personally use social media to name and shame a company like this, because they are the lowest of the low.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    andygb wrote: »
    I really hope that you get another job soon aj9648, or your present company is understanding and lets you stay.
    You have done nothing at all wrong, and could not have foreseen anything like this happening.
    For those on here who said that you should have had a "backup" job just in case - they are in cloud cuckoo land.
    I would personally use social media to name and shame a company like this, because they are the lowest of the low.

    No, the OP hasn't done anything wrong - but neither has the company, and I would be very careful about using social media for anything employment related, because it invariably comes back to bite you in the behind. Other employers are known to "look up" people on social media before interviewing, and I doubt they'd be impressed with "naming and shaming" anyone - it shows a distinct lack of propriety.

    I seriously doubt that the company set off on the expense of a recruitment process simply so that they could cut the posts they had recruited to. If I recall correctly, you have been unemployed for a long time I believe someone mentioned, so you understand that there are not a lot of jobs out there for people. And no matter what gloss the government put on their spin that the recession is over, many companies are cutting back or closing entirely. Budget cuts and poor business returns are par for the course, and there is no reason at all to assume that the company knew is advance that these would be happening - such decisions usually turn on a sixpence, and are often made at the very last moment. It would be just as bad to have recruited someone and then to let them go a few weeks into the job - and that happens too. These are not things companies plan.

    Now we can argue about moral responsibility until the cows come home, but the economic system that companies operate in involves "sink or swim" decisions - the company will either survive or it will not. In that context, their duty is to the company and to the profits. Something which, like it or not, keeps a lot of other people in work.

    What has happened to the OP isn't good - but I doubt the company thinks it was good for them either. They didn't do this because they are evil or low. They did it because their business results are poor. If we want to redesign the economic system so that other values than those of profit and business returns are the primary cause for concern to companies, then bring on the revolution. Until that time, this is the system we have and there is no fault attached to any company trying to survive in this climate, any more than there is fault attached to employees who end up out of a job. It is simply the way it is.
  • Dan-Dan
    Dan-Dan Posts: 5,279 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It`s a very poor show that a company has such poor understanding of their own numbers that this can occur

    Any decent company would be basing new staff on numbers studied over a good period of time

    Its poor poor practice to realise after offering a role , that you cant afford it


    Its not a lot different than going round Tesco , filling your trolley , knowing you only have £20 in your wallet
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    robatwork wrote: »
    This confused me - you signed a contract extension? What do you mean?
    I agree, I don't understand this either. Were you given a conditional or unconditional offer?
  • andygb
    andygb Posts: 14,655 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dan-Dan wrote: »
    It`s a very poor show that a company has such poor understanding of their own numbers that this can occur

    Any decent company would be basing new staff on numbers studied over a good period of time

    Its poor poor practice to realise after offering a role , that you cant afford it


    Its not a lot different than going round Tesco , filling your trolley , knowing you only have £20 in your wallet


    I totally agree.
  • This is exactly why I have no loyalty to any company. I'm sorry OP that this has happened to you.
  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    sangie.... you're giving this company WAY TOO MUCH credit.

    What they have done is wrong and in the same line as folks that interview people and don't even bother to get back to them.

    they can use excuses like budget cuts, e.t.c so 'get out of jail free', but it's all b()locks at the end of the day.

    maybe the person that left, returned, or whatever. All of these businesses are cutthroat, no matter what capacity you are in the chain.
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