Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

Chat with other users about all things related to working life on our Work forum.

Flip

Original poster

think lost job before it starts, any advice?

12 replies

orangesorbet · 27/12/2008 12:57

hi there, does anyone know what we can do re my dh is due to start a job end jan, and he was working his notice when made redundant. his boss to be sent an email to us Christmas day saying that he should have said he was free to work over christmas and feels he lied and she now looks a fool to her other staff. we think she has another person for the job who has started already. we have an offer letter but nothing else.

any advice welcome.

OP posts:

Earlybird · 27/12/2008 13:45

No idea if your dh has any legal recourse. I think the 'new boss' has behaved very badly, but perhaps far better for your dh to know it now rather than once he is working for her.

IMO, he should let it go, and start looking for another job or see if he can arrange to stay where he is.

What awful news on Christmas Day , but again perhaps another indicator of a boss best avoided.

Original poster

orangesorbet · 27/12/2008 17:01

yeah it was crap news, really runined everything, esp as i am pregnant and have a lo as well. my dh called boxing day and today, plus returned an email but no response. we are in a panic. do they have to pay us anything like notice- my dh resigned his job and might not have been on the redunacy list if he hadn;t.

OP posts:

Mincepiewater · 27/12/2008 17:15

Surely if your dh was offered and has accepted the job, then it cannot just be withdrawn peremptorily? Also, if the details of the offer included a start date of the end of January how could he be under any obligation to make himself available to work for his new employer over Christmas?

Earlybird might be right, though, that your dh might want to reconsider whether he wants to work for someone who would behave so badly. Having said that, I wouldn't let it go. Is your dh a member of a union? If so, perhaps they have a legal section who could advise him. In any event, I definitely think he should take legal advice as soon as possible.

Original poster

orangesorbet · 27/12/2008 20:15

its just dreadful- at least our house didn;t rent, we are supposed to be moving in 5 days.......

he isn't a union member, there isn't one for his industry. i think we will have to call acas monday.
he can't stay where he is, his old boss went mental when he resigned and made him redundant with no notice during his notice period, which is a breach of contract, unfair dismissal... have raised grievance letter for that one.

think they wanted him to work as cheaper than agency staff, also seems his old boss made a call christmas eve and put the boot in.

OP posts:

Original poster

orangesorbet · 28/12/2008 13:50

bump.. has this happened to anyone else?

OP posts:

SuperSillyus · 28/12/2008 19:49

No advice but bumping and giving you my sympathy, it sounds terrible and must be very stressfull.
Try to stay calm as possible for your health, it will turn around somehow.

mygreatauntgriselda4christmas · 28/12/2008 22:15

Bump 4U

callmeovercautious · 28/12/2008 23:00

Definately talk with ACAS - about both employers. Your DH is entitled to redundancy pay or if they wanted to make him leave early then paid notice and no requirement to work "gardening leave".

As for the new employer - if they have made a firm offer that constitutes a contract and if they want to breach it they should pay the stated notice period.

A bad situation to be in I know but a letter that lets them know you mean business should get him any money owed. The cost of defending a tribunal claim for a few weeks money is not worth it.

Good Luck to you and your family.

spongecake · 29/12/2008 21:25

still no contact from them! despite another try today on our part.

callmeovercautious- re new employer there is no stated notice period, it just says he will get all that on his first day.

re the old employer, have sent a grievance letter and tribunal stuff as they are in adminstration as advised by acas...

spongecake · 29/12/2008 21:25

still no contact from them! despite another try today on our part.

callmeovercautious- re new employer there is no stated notice period, it just says he will get all that on his first day.

re the old employer, have sent a grievance letter and tribunal stuff as they are in adminstration as advised by acas...

mygreatauntgriselda4christmas · 02/01/2009 22:22

Bump

flowerybeanbag · 03/01/2009 09:55

With the new employer, it is breach if contract if they withdraw the offer, which as I understand it they have not yet done? But the bottom line is unless he has been given a different contractual period of notice, which he hasn't by the sounds of things, he would only be entitled to notice after having worked there for a month, and even then it would only be a week's notice. So without having worked there a month they could end his contract without any notice at all anyway.

If you went to a solicitor he or she may give the opinion that he could possibly make an argument about potential loss of earnings, difficulty getting alternative work, having given up a previous job, etc, but that's by no means clear cut at all and would require detailed legal advice and help which wouldn't probably be worth paying for tbh and would be very unlikely to be successful in my non legal opinion in most circumstances. In terms of money he is specifically owed in terms of notice, without a contract stating a notice period, at the moment it's nothing.

Presumably he explained that at the time he accepted the offer he was not free over Christmas? How was the conversation left? I would suggest he just turns up for work on the first day as agreed and forces them to do something if they want to.

Flip