Accepted job offer then employer ignores my emails

[EBM20]

So I was due to start a new job a week after lockdown began. A week before lockdown happened I found out I was pregnant, I went into work and cried to my bosses as I thought I could trust her and the reason why I was leaving was head office and not anything to do with the actual bosses they were lovely! I had not told my new employers and was planning to once I had started, then lockdown happened, i have recently found out that one of my bosses knows my new employers so i do wonder if she has told them! At the start of lockdown they emailed me loads with advice and support as my old employer stopped my contract with immediate affect and did not furlough me, even though they could have! They also reassured me that I will have a job when they can reopen but they don't know when that will be and they will stay in regular contact and let me know any updates. Then the regular every few days of contact stopped, I just put it down to nothing is moving fallword so theres nothing new to update. I emailed them about 6 weeks ago asking if there is any online training I could make a start on before starting, no response. So I emailed them 3 weeks ago just saying hope you are well, just wanted to stay in touch sort of email, no reply! I'm now worried they have been told by my old boss and don't want to take me on because of it so are just ignoring my emails! I haven't signed a contract but have accepted the job offer letter by email so it's all in writing, where do I stand?

This is two things, good old fashioned discrimination against pregnant employees, and also 'last in, first out' culture. They don't know if they still want you. I'm sorry what a rubbish time to have.

@ScrapThatThen I have nothing to prove that they know I'm pregnant as I haven't told them but I have a strong feeling that my old boss has told them but I can't prove it! When my old employer stopped my contract with imdediate affect they claimed they did not know I was pregnant after I begged them to furlough me, nothing was in writing so again nothing to prove!

I so desperately want to make an announcement on social media when we find out the gender in two weeks but then I feel its wrong as I havent told my new employers, even though I don't know if they still want me! They were desperate for me to start before the whole lockdown situation as they were understaffed!

So what have you actually formally been told by your new employer? You had a start date for a week after lockdown. What communication did you receive about changing your start date or similar?

You say your old employer 'stopped your contract'. Did it not end by itself due to your notice expiring?

I had a start date before lockdown for the 1st April, I still had a week left with my old employer which they terminated with immediate affect. My new employer said they would take me on still once they are able to open which is understandable (it's a hotel) but had no contact with them for a while now and I've sent two emails over the past 6 weeks and had no reply!

"When we open, we would love for you to come and join us, however we can not confirm when that will be." Exact quote from an email from them. Last email from them was on the 3rd April and I've sent two emails after this on 16th April and 14th may and had no response!

Well if your old employer suddenly terminated you with immediate effect before the end of your notice period they can't do that. If you resigned you get to decide on your termination date, and if they want you to leave employment sooner than that, they need to pay you for the rest of your notice. So go back to them on that and get wages for whatever was left of your notice period.

Difficult with your new employer. Withdrawing the offer entirely would mean they'd need to pay you whatever notice period you would have been entitled to under your contract. Delaying it instead isn't quite the same.

It doesn't sound like there's any particular reason to either assume they know about your pregnancy or that you are being treated any differently because of it, to be honest. If it's a hotel I imagine they are doing exactly the same with all new starters, certainly hospitality is very hard hit and new starters in the sector are either having their offers withdrawn or certainly delayed.

are you getting paid by your new employer OP?

No they arent paying me as I never started my new job as lockdown happened and they closed

Flowery would they need to pay the notice period of a withdrawn offer even if it was before the proposed start date? Or is that just as the start date has passed?

They aren't struggling by the looks of things, they posted on their social media about their updates in the garden area which looks rather costly! The post also mentioned about how they are excited to open when they can
It just annoys me so much that they are not replying to my emails yet posting on social media

To be honest, as it's a hotel, I very much doubt they will be reopening any time soon.

Job offers can be retracted before you start. It could be that they're no longer interested, but it also could be that as theyre closed, no one is manning the emails. To be honest, i'd be looking for a new job.

”Flowery would they need to pay the notice period of a withdrawn offer even if it was before the proposed start date? Or is that just as the start date has passed?”

Yes they would- withdrawing the offer is a breach of contract so they’d have to pay the notice period applicable on day one of the contract. Which could be nothing at all.

”They aren't struggling by the looks of things, they posted on their social media about their updates in the garden area which looks rather costly! The post also mentioned about how they are excited to open when they can”

They’re not going to post on social media that they’re struggling! They’re posting to try and attract clients.

OP you need to email them one last time, add a read receipt to the email if you can, and mark it as urgent. Write this in the email and I would also send them a direct message through their social media account with the same content.

Say something like this:
"As I have been given a written offer of employment, I consider myself an employee and thus should be getting paid from the start date you gave me in this written offer of employment (email and text messages constitute written offers). There is also the option to furlough me. If the job has been withdrawn, I should be paid notice.
In the event that I continue not to be paid any wages, or any pay in lieu of notice, I am afraid that this will leave me no choice but to pursue the matter legally with the assistance of ACAS".

BTW ACAS assistance is free. The early conciliation stage is the pre tribunal stage and can be useful to get them to settle (paying notice). So go down that route if the employer still ignores you.

Maybe the people you are emailing have been furloughed? Hence not replying? Can you research other names in the hr dept?

@nextslideplease

OP you need to email them one last time, add a read receipt to the email if you can, and mark it as urgent. Write this in the email and I would also send them a direct message through their social media account with the same content.

Say something like this:
"As I have been given a written offer of employment, I consider myself an employee and thus should be getting paid from the start date you gave me in this written offer of employment (email and text messages constitute written offers). There is also the option to furlough me. If the job has been withdrawn, I should be paid notice.
In the event that I continue not to be paid any wages, or any pay in lieu of notice, I am afraid that this will leave me no choice but to pursue the matter legally with the assistance of ACAS".

BTW ACAS assistance is free. The early conciliation stage is the pre tribunal stage and can be useful to get them to settle (paying notice). So go down that route if the employer still ignores you.

That would be the fastest method to never having a job with them. What you think the OP should consider themselves is irrelevant. The employer notified them in writing that they could not start them in employment due to the business closing, and the OP accepted that, and has done so in writing by sending emails that have asked for an update on when their starting date would be, etc. And there is no option to furlough them - the OP had not started employment on the relevant date, so only the previous employer could furlough them and didn't.

Threatening your potential employer with something that isn't even a legitimate case is definitely not the way to start out. If they still have a job they definitely won't have one by following this advice.

update

After sending another email with the subject 'please respond' asking if they are still planning to take me on. 3 days later I get a response saying they would love to take me on still and are hoping to open on the 4th July, but not confirmed as still not confirmed by the government in full and what all the guidelines would be.

I still have not told them I am pregnant. Do I tell them via email or wait until I start? I have a scan on the 8th July and the hospital is about an hour away from my work. Also I'm starting to show and day by day it's becoming more obvious! I will be 20 weeks if I start on the 4th!

We have posted an announcement on Facebook as I assumed I wouldn't get a response then the day later I did! It's not a public post and is set on friends of friends