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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

For thinking they can't do this??

27 replies

NCNCNNC · 26/08/2022 19:48

Not sure if IABU in thinking this....DH offered a job 5 months ago due to start in 3 weeks. Contracts signed, checks came back fine and worked his notice period at his old job. Phone call today at 9am that the company has restructured and the position no longer exists. Just like that. Gone. We are in the process of buying a new home, he obviously hasn't got a job to go back to. I'm in shock. Can they do this??

OP posts:
MermaidEyes · 26/08/2022 19:59

I guess the first thing he needs to do is go through his contract with a fine tooth comb to see if there's anything in there regarding this kind of thing. Totally and utterly shitty though.

Norma27 · 26/08/2022 20:02

Unfortunately they can do this. I think they will have to pay his notice period still though but I’m not definite on that.
My situation wasn’t as bad as I was a sahm and hadn’t left a job, but I was offered an amazing job just before covid hit then it was withdrawn as a result of covid before my start date. Luckily they offered it me again 18 months later!
Good luck.

housemaus · 26/08/2022 20:05

Speak to ACAS - it might be possible that they're in breach of contract and they would at least owe him pay for his notice period. Given that he's signed contracts and they've told him it's due to a restructure, rather than him not satisfying conditions of the role, I think that will be the case and he can take action - see here https://www.appointmentspersonnel.co.uk/withdrawing-job-offer-law/

Bear in mind that if you withdraw your offer of employment and the candidate has satisfied any conditions, you will be seen to be in breach of your contract and may be liable for damages and compensation to the candidate.

Original poster
NCNCNNC · 26/08/2022 20:38

It's just so shit that they waited this long. Thanks for the advice. Will try and cheer him up but difficult to find the positive in this at the moment.

OP posts:
Norma27 · 27/08/2022 07:05

It is so shit. I’m so sorry you are going through this.

girlmom21 · 27/08/2022 07:29

They have to pay his notice period

MrsSplendiferous · 27/08/2022 07:52

Dear God what a shitty thing to do. I think they have some liability, I second contacting ACAS, they've taken away his livelyhood
I wish you both all the luck in the world @NCNCNNC

Ineedtoletgo83 · 27/08/2022 07:56

Can’t he rescind his notice at his old job?

the new place will owe him his notice period.

Mindymomo · 27/08/2022 07:58

He needs to reply, do you want my bank details for notice pay, and compensation, otherwise I will be contacting Acas.

Justcallmebebes · 27/08/2022 08:02

That's nasty of them. Do seek advice tho. Can he go back to his previous job?

MajorCarolDanvers · 27/08/2022 08:02

They can.

Get on to old job and ask if he can stay.

PizzaEater54 · 27/08/2022 08:31

They can. Happened to a colleague who on the morning after his leaving party had a call to say not to start his new job as they had restructured. Well known, large company. From my understanding he did go through consultation meetings and reach a financial agreement with the company.

Luckily, he was able to stay at our company, as his position hadn't been filled.

Scepticalwotsits · 27/08/2022 09:00

Hopefully bridges were not burnt at last job and left on good terms

(never burn bridges you never know when you might need to cross back over them or bump into someone from an old workplace in a new workplace)

if they were not if his old role hasn’t been filled it might be an awkward conversation but one that needs to be had

mountainsunsets · 27/08/2022 09:01

Yes, they can do this.

Can he go back to his old job?

AnnaFri · 27/08/2022 09:08

It's shit but yes they can do this

Unfortunately it's not all that uncommon either

giveovernate · 27/08/2022 09:16

That's shit!

Original poster
NCNCNNC · 27/08/2022 09:31

Not an option to go back unfortunately as he took redundancy from his old job. They knew about this and said they were happy waiting for him to finish off there. He booked 3 weeks off before starting and was 2 days into his leave when they called yesterday. He thought they were calling to finalize his induction days as they asked him to come in on the 5th of September!

OP posts:
AnnaFri · 27/08/2022 09:36

NCNCNNC · 27/08/2022 09:31

Not an option to go back unfortunately as he took redundancy from his old job. They knew about this and said they were happy waiting for him to finish off there. He booked 3 weeks off before starting and was 2 days into his leave when they called yesterday. He thought they were calling to finalize his induction days as they asked him to come in on the 5th of September!

The red flag was a role where he wasn't needed enough to begin with for them to wait so long

Aprilx · 27/08/2022 09:42

Yes they can do this, just as they can get rid of anyone within the first two years. Does he have evidence of his contract in particular with a notice period in? The best outcome for him now would be securing notice pay

CourtneeLuv · 27/08/2022 09:49

AnnaFri · 27/08/2022 09:36

The red flag was a role where he wasn't needed enough to begin with for them to wait so long

Show quote history

Unless he's a teacher maybe.

Original poster
NCNCNNC · 27/08/2022 10:14

Not a teacher - finance job. Looking at the notice period seems to be the best shout. Woke up this morning still in disbelief. I haven't heard of anything like this happening before. The job was 300 miles away (round trip) he was going to commute half the week, stay overnight and WFH the latter part of the week. Thank God we didn't try and move cities or anything like that!

OP posts:
CourtneeLuv · 27/08/2022 10:45

I'd look into whether you can sue fir loss of earnings, or at least threaten them with it to get more than the notice period.

A year or 5 years salary is fuck all to a finance company.

Tohaveandtohold · 27/08/2022 10:54

Yes definitely contact ACAS.
I had someone who something like this happened to. He was a senior mgt in the NHS so notice period was 3 months and the private hospital agreed to wait. In the last week of his notice, they called to rescind the offer due to a ‘restructuring’. Luckily, the current employer has been struggling to fill his position so he just cancelled his notice.
So yes contact ACAS and start applying for lots of roles now. Hopefully, something good will work out.

girlmom21 · 27/08/2022 20:52

The red flag was a role where he wasn't needed enough to begin with for them to wait so long

Nonsense. My company have a standard 3 month notice period and directors etc have a 6 month notice period.

If a company wants you they'll wait.

Aprilx · 28/08/2022 00:41

CourtneeLuv · 27/08/2022 10:45

I'd look into whether you can sue fir loss of earnings, or at least threaten them with it to get more than the notice period.

A year or 5 years salary is fuck all to a finance company.

Your suggestion has no basis in law. Companies are allowed to terminate contracts within the first two years (which this is) so long as their is no discrimination. They are at zero risk of being successfully sued for “loss of earnings” by anyone with less than two years service under their belt. Best case outcome here, is that OP secures the notice pay.

As an aside, OP said it was a finance job, not a finance company. You get finance jobs in all sectors and types of companies.

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