New job offer from current company withdrawn during redundancy notice period - what now?

truff

I was made redundant in February with 12 weeks notice ending in May (due to length of service). During the notice period I was offered a new job with the same company and was due to start that role this week. They have now withdrawn the offer of the new role, so what happens now? Do I go back to the original notice period ending in May, or does this restart at week 1 of the 12 weeks? I have asked these questions but without a response so far.
I have the offer of the new role in writing (email) and I wrote to accept the offer and agreed the start date. Are they in breach of contract?
Many thanks for any help or advice.

Undervalued

truff said:

I was made redundant in February with 12 weeks notice ending in May (due to length of service). During the notice period I was offered a new job with the same company and was due to start that role this week. They have now withdrawn the offer of the new role, so what happens now? Do I go back to the original notice period ending in May, or does this restart at week 1 of the 12 weeks? I have asked these questions but without a response so far.
I have the offer of the new role in writing (email) and I wrote to accept the offer and agreed the start date. Are they in breach of contract?
Many thanks for any help or advice.

If the contract obliges them to give you a period of notice to terminate your employment then they must either let you work that notice or give you pay in lieu. So, if you are entitled to four week's notice and the told you a week before you should of started then they should pay you for 3 weeks.

However, if no notice is specified then the legal default applies which is zero notice during the first month.

Note, the notice they have to give you may not be the same as you would have to give them if you were to resign.

truff

Undervalued said:

truff said:

I was made redundant in February with 12 weeks notice ending in May (due to length of service). During the notice period I was offered a new job with the same company and was due to start that role this week. They have now withdrawn the offer of the new role, so what happens now? Do I go back to the original notice period ending in May, or does this restart at week 1 of the 12 weeks? I have asked these questions but without a response so far.
I have the offer of the new role in writing (email) and I wrote to accept the offer and agreed the start date. Are they in breach of contract?
Many thanks for any help or advice.

If the contract obliges them to give you a period of notice to terminate your employment then they must either let you work that notice or give you pay in lieu. So, if you are entitled to four week's notice and the told you a week before you should of started then they should pay you for 3 weeks.

However, if no notice is specified then the legal default applies which is zero notice during the first month.

Note, the notice they have to give you may not be the same as you would have to give them if you were to resign.

Thank you for your response. I now understand the situation when you are offered a job with a new company, however this is a more complicated scenario as I am employed by the company offering me the new job, currently serving in my notice period following redundancy. I'm contractually entitled to a month's notice, but due to length of service I am in the middle of a  statutory 12 week notice period. My question is - do the twelve weeks start again from the withdrawal of the new job offer, or do they start from when I was made redundant?

dexter1027

truff said:

I was made redundant in February with 12 weeks notice ending in May (due to length of service). During the notice period I was offered a new job with the same company and was due to start that role this week. They have now withdrawn the offer of the new role, so what happens now? Do I go back to the original notice period ending in May, or does this restart at week 1 of the 12 weeks? I have asked these questions but without a response so far.
I have the offer of the new role in writing (email) and I wrote to accept the offer and agreed the start date. Are they in breach of contract?
Many thanks for any help or advice.

I am no lawyer but from my knowledge of business law - yes they are in breach of contract if you offered you a new role and you accepted it. But you are entitled only to an amount to put you back in a position you were in as if the contract was not made in the first place. 

So if they withdrew the new offer they would probably have to pay you notice period pay at the least but you are employed by the same company so they will probably not see it like this. This does depend on the agreement, sounds like it was informal if done through email so no terms expressly agreed. 

In order to put you in the same position as if the new agreement was not made, they would probably carry on the notice period ending in May which is a shame. Have you looked into whether or not the company would furlough you so you could get the 80% gov salary?