Job offer withdrawn

Undervalued

steampowered wrote: »

Statutory notice of 1 week only applies once you have 1 month's service. Before then statutory notice is zero. Have a look at http://www.legislation.gov.uk/ukpga/1996/18/section/86.


Great spot. In this case, Mr McCann thought that he had verbally accepted an offer of a job as a maintenance assistant.

An employment tribunal found that Mr McCann had been offered and accepted a role. Although no terms had been agreed as to salary, start date or notice period, the tribunal accepted that the salary was likely to be at the mid-point of the advertised salary range, and determined that a minimum reasonable notice period for the role would be one month. Accordingly, Mr McCann was awarded one month's salary for the employer's breach of contract.

What is interesting about that case is that there was nothing in writing. The case sounds like a bit of an outlier to me, but it does demonstrate what is possible.

Yes, there are a few such examples. However with tribunal fees to pay it is not normally worth pursuing as the likely damages even if you win will be quite small.

As has been stated earlier if there is a contractual notice period then payment for any part of this that extends beyond the start date must be made. Beyond this the claim is worth little simply because the employer could have allowed the person to start then dismissed them on the first day. As I said earlier they are not even obliged to give a reason and, unless there is a contractual notice period, as you say statutory is zero until you have been employed for a month.