Starting new job but been referred for urgent surgery

[Greenfingers37]

A friend of mine is due to start a new job in 2 weeks time with a large, national company. He has signed his contract and already received some induction. However, he was informed yesterday that he needs urgent surgery which will take place within 2 weeks and will heed about a month’s recovery time. This is due to a historic health issue which has drastically deteriorated in the last month.
Can anyone advise on where he stands legally with this? He’s informed the employer and is awaiting a meeting with them. He’s worried sick the job offer might be retracted.

He’ll be in the probation period of his contract, so they could give very short notice to change the start date or terminate the contract.

If it’s a professional role that would typically have a 3 month notice period, and the recovery is expected to be straight forward and Theyre expecting him to start soon then Theyre unlikely to drop him.

In those circumstances it’ll be easier for them to wait another few weeks that restart recruitment.

They couldn’t retract the job offer on these grounds unless potentially the offer was conditional on a specific start date which he now is unable to meet- even then they’d be on shaky grounds though.

My concern would be more that if they are a rubbish employer who don’t look kindly on sick leave then he’ll return from sick leave but will just be let go for something else, easy to get rid of someone brand new.

Thank you. I think he realises that it could be terminated but is praying that it won’t be as it’s taken him ages to get a really good job offer.

Yes, that’s a possibility. He’s hoping they’ll advise putting the start date back a month but obviously this isn’t guaranteed.

Of course they could retract the offer. Unless there is a clear disability ("historic health issue" doesn't mean the same thing) they can retract it for any reason they like, and at worst they might have to pay some notice pay (depending on contractual terms and assumin g a firm start date has been agreed). A disability might provide some protection, but it is always a lot less than people assume.

I agree with @ScaryM0nster He needs to prepare for his meeting by looking at what he can put on the table that might sweeten his position. For example, would it be possible to work from home or to complete more induction from home - even if without pay - so he hits the ground running when fit again? The more he can show a positive commitment - and, although this is obviously hard to do, convince them that this is a very time limited problem and will be in their best interests in the longer term - then the more having to recruit again is less attractive/ He needs to think through all their "worst nightmares" and try to answer them - so will it take longer than a month to recover, could it strtech on and on, does it mean an ongoing health problem that will demand more time off.

Whilst many employers want to be good employers, every single one of them wants the least problems and the most out of their employees. So play to their agenda - make this the best, most positive and easiest solution for them and there is a good chance that is what they will go with. If they are a good employer, that's a bonus and makes it that much easier.

Thanks so much. This is fabulous advice, all
of which I’ve passed onto my friend.
I’ll let you all know the outcome!

Good news!
My friend had a meeting with his new manager today and they’re allowing him to start as soon as he is fully recovered from his surgery with no pressure to set a starting date and weekly phone catch ups! He was told that he was worth waiting for! Thanks for all the advice.

That's excellent news.

So nice!