Help! Job offer withdrawn - after I’d already resigned!!

[JuliTooley]

Hello,

I’m absolutely devastated right now. I accepted an amazing job offer a little over two weeks ago via email, after a round of interviews and some writing tasks.

I handed in my notice at my current job expecting my final day to be a week today, with a start date the following Monday.

I was a bit concerned as the company suddenly stopped replying to a couple of questions I asked but I assumed there was an innocent explanation.

However, I’ve now been told my offer has been withdrawn with no explanation. Is this legal? I know my references were fine, admittedly one only gives factual references as company policy (big cooperate company) but the others were good personal ones from people I’d consider friends.

I’m kicking myself right now but I don’t have an actual contract, just email exchanges confirming things such as start date and salary.

Also, this isn’t a dodgy company that has withdrawn my offer, one of the people who interviewed me is a well known journalist who has a senior role at the company.

I’m financially screwed, not to mention this is an utterly humiliating situation to explain to friends, family and colleagues.

Any advice?

Ps sorry if this rant makes no sense, I am so upset.

@Bluntness100 Thank you for taking the time to ask your daughter. Based on my research it seems an employee doesn’t have many rights until they have worked for a company for 2 years, which is one of the reasons I decided to accept not having a contact in hand. It didn’t seem to offer much protection anyway.

@Eeve @islockdownoveryet @LApprentiSorcier Thanks all, I will give it a go. I don’t think the CEO will be impressed, although I think my line manager will support me.

@Cheator thank you for your kind words

@Theonlyoneiknow Thanks, will give it a go. Bit humiliating but I suppose there are worse things in life

Swallow your embarrassment and ask for your job back. If this happened to one of my employees I wouldn't hesitate to take them back! Unless you resigned with bad grace I would hope they would be compassionate and supportive.

I don't know the legalities but I would call ACAS for advice.

I agree with everyone else ask for your job back in a way that makes it seem like you choose to stay. It’s like shit that they’re allowed to do this.

Having an existing employee back is also way cheaper for your old organisation - no hassle of recruitment, on-boarding etc

May feel awkward but it makes sense on both sides

Were they doing any kind of background checks on you?

Did they ask your current employer for a reference?

Every job I have been offered has always been "subject to references / background checks"?

@IAmongstTheWorld

Were they doing any kind of background checks on you?

Did they ask your current employer for a reference?

Every job I have been offered has always been "subject to references / background checks"?

Yes, I provided three referees. One of my references includes a large financial services company, it’s their policy to provide only factual references i.e. position and dates. The others I am certain provided good references.

I'm so sorry, what shitty behaviour by the company. Unfortunately I don't think there's much you can do.

All the people saying you shouldn't have resigned until you signed the contract are sort of right but sort of wrong, as an HR person I do usually advise people to hold off resigning from their old job until their reference and any other pre-employment checks required are confirmed OK and the company formally makes the offer of employment 'unconditional', but the piece of paper that you then sign isn't actually "the" contract of employment, it's a 'statement of main terms and conditions of employment' and signing/receiving it doesn't really give you any additional protections in this situation - a contract can and often does exist without a statement of T&Cs being issued or signed, but the company can still terminate the contract within the first 2 years of employment for pretty much any reason including 'we don't fancy it any more' (only reason not allowed is something discriminatory against a protected characteristic e.g. 'we found out you're pregnant' and a limited number of other circumstances).

They may technically owe you notice of termination if the offer was unconditional and a contract of employment therefore exists, which they have decided to unilaterally terminate, but as the notice would probably be something like one weeks pay I doubt it's worth pursuing. I think as others have said asking your old/current employer to stay is the better path?

Defo ask for your job back - most companies would rather you back who knows the ropes than train someone new up again.

@JuliTooley I would find out how the references were checked - if the factual dates and months one was checked by an external company (often the case), they will come back to state in a a very simple report not to accept your hire if there was even a small mismatch.

I used to do this frequently for work (provide the dates) and I had to be really careful if say someone had written March when actually it was February 30 years ago that they started a job.

Do check this as it's easily solvable if something like that has happened.

You are on paid leave no? Look for another job, have the same confidence that you had on securing this role? If anyone asks, you chose not to join the other firm?

@Plexie

Ask your current employer if you can retract your resignation.

Lesson learnt: always wait until you've signed and returned the new contract before handing your notice in.

I have never, ever signed a contract before starting somewhere. Certainly not 4 weeks (notice period) before starting! Is this something that is actually offered outside of specific professions?

No words as everything has been said. Sorry this has happened to you and fingers crossed your current company may be able to keep you in post or at least in some form of employment. Good luck.

Apologies if already been said but you can sue for breach of contract to recoup your financial losses, if they have offered you the job and on that you have resigned based on this.
You do not have to have received a written contract to sue for breach of contract, by offering you the job they entered into a contract. There are some really good HR websites that have open access.
I've just tried a quick Google of your query, to avoid the back and forth with other posters (despite me having an HR background) that no contract means no job offer and why did you resign before getting contract etc and loads of legal advice come up. Have a read and then draft a letter to them advising that they cannot withdraw and stating your rights, ACAS may help you with getting everything down a d may offer to mediate for you

Honestly if you’re any where decent at your job hour company will take you back but as said, do it as in you changed your mind, realise how much you love it, and want to stay. Don’t be saying, they withdrew the offer and now I’be no other choice.

And yes, little rights before two years but even with a contract all you’d get is the notice period if they withdrew the offer immediately . Better than nothing, but not much.

It’s likely nothing to do with Covid, it’s possibly financial situation of the company,

@2BDIs

Apologies if already been said but you can sue for breach of contract to recoup your financial losses, if they have offered you the job and on that you have resigned based on this. You do not have to have received a written contract to sue for breach of contract, by offering you the job they entered into a contract. There are some really good HR websites that have open access. I've just tried a quick Google of your query, to avoid the back and forth with other posters (despite me having an HR background) that no contract means no job offer and why did you resign before getting contract etc and loads of legal advice come up. Have a read and then draft a letter to them advising that they cannot withdraw and stating your rights, ACAS may help you with getting everything down a d may offer to mediate for you

She can, but all she’d be entitled to is pay for her notice period. Even if they changed their mind and said they didn’t need the position, three months into the job that’s all she’d get.

Both of my large employers haven’t given me a contract until my start day so don’t be too hard on yourself for not signing it first. This is infuriating, I think you should ask the new company why, then withdraw your resignation- it’s a bit embarrassing but your former company will find it much easier keeping you than replacing you.

Once that’s all confirmed I’d leave scathing reviews all over the new company’s glassdoor, Facebook page etc

You poor thing, unless you were useless in my company they would take you back.
There is something v fishy about it all though. I would ring the references. If they are a well respected organization to not reply and then just say they are withdrawing is v v weird
I really hope you get your old job back

OP go back to old employers and say you’ve changed your mind- you have realised how many positive benefits there are to being with the company and have decided the money in new role isn’t worth it/you love your team/etc etc , because at the end of the day right now they don’t know you have had your job offer withdrawn so it’s definitely worth a shot!

I wonder if your interview with new company was a fishing exercise rather than looking to actually hire they just wanted to size up you/your job role .

It’s shit to do that to someone and you have my sympathies OP

I'm really sorry to hear this happened to you. Last month the same thing happened to me. I had an offer of a job on the Friday and then they ignored me all of Monday and sent me a text to say they retracted the offer on Tuesday morning. I don't currently work but it still annoyed me nevertheless. Hope your current employer can take you back. No doubt it'd be easier to do that than start the recruitment process, although they may treat you warily because they now know you want to leave. Good luck with it all.

Ah that's crap @JuliTooley

A colleague of mine had a job offer rescinded after the company announced a major restructure. She'd made a bit of a song and dance about how much more the salary was, and how it was a much shorter commute etc, so I don't think she could've lied and said she'd changed her mind if she'd wanted to!
But actually she didn't try, she just told everyone what had happened and asked to take back her resignation. They agreed to it. She is great at what she does, and presumably they would far rather keep a good employee than go through the costs and general faff of recruiting and training somebody new.

Business is business and all that

Thank you so much to everyone who has replied, I have taken all your comments on board. Sorry I had to go away for a while.

I still haven't heard anything back from the company. I cannot believe it still, it is probably one of, if not the best/most well known company in my industry. For them to do what they did has really knocked me down

My boss is on leave but is back tomorrow.

I will have to ask her then....

I'm so sorry for you, I think I would hound the company for an explanation. I work at a big media corporation and we once offered a job to someone and had to retract the offer due to certain members of staff saying they would leave if this person took the job. When we retracted it the person had already given their notice in at their previous job and we had to pay them off. I think you need to get in direct contact with their HR department ASAP!

Good luck @JuliTooley, hope you get a positive outcome from both your current boss and a decent explanation from the other company as to why they did this.