Withdrawal of Conditional Employment Contract

[Theophany]

Hi all,

My brother was due to start a new job in financial services at the end of this month. He'd been through the interview process, passed with flying colours and had signed a conditional contract of employment. He has since handed in his notice with his current employer.

The stated conditions to be met were that he can demonstrate the right to live and work in the UK (he is a UK resident and national) and that his references were satisfactory (they were). There were no additional conditions and there are no clauses in the signed contract that grant the employer the ability to withdraw employment without notice; just the normal boilerplate about a three month probationary period.

Unfortunately, he received a telephone call from the company's HR department today to say that their offer of employment has been withdrawn because of concerns around the Coronavirus.

Obviously, this is appalling behaviour on their part. But from a legal perspective, would would this be considered breach of contract? There is a provision within the contract that they can vary/terminate the terms of employment, but all such notices should be given with one month's notice.

Any thoughts appreciated!

 

[Amplus]

Sorry I cannot offer any advise but I'm worried about something similar. Put my notice in 2 weeks ago to start a job in the next couple of weeks. Was in a secure job for 6 years now leaving to go into a new unsecure field. Very worried not going to lie debating whether I should call the company I'm joining for an update.

 

[Bear]

My wife is an HR director and she had to do the same thing unfortunately. I wouldnt say it was appalling behaviour at all, its just unfortunate timing. Some businesses will have to shut and wont be making any money at all (not saying in this instance its the same) but will be paying staff until their cash flow gives up. What will they do then but make redundancies or sending them home without pay like some of the airlines? Its in the interests of the company to look after the staff they have and try and keep the business afloat and unfortunately any new starts that are working out their notice wont be needed in the current climate. Its unfortunate timing but its a sensible move.

 

[Matthew.M]

Even if they had started, in the initial probation period there are very little rights and they can pretty much get rid of someone for any reason at all.

Unfortunately, lots of people are going to be in the same boat. There are also many people losing established jobs. Businesses are going into survival mode as income in many cases drops to zero.

Unfortunate timing.

 

[Theophany]

Thanks for the replies chaps. Honestly, it was an entry level role so there'd be little sense in pursuing it, just left a really bad taste in my mouth, especially as they had contacted him literally the day before to say that they may delay his start date but wouldn't cancel his contract.

 

[Ahleckz]

Sorry I cannot offer any advise but I'm worried about something similar. Put my notice in 2 weeks ago to start a job in the next couple of weeks. Was in a secure job for 6 years now leaving to go into a new unsecure field. Very worried not going to lie debating whether I should call the company I'm joining for an update.

I think you replied to my post in the corona virus section. I’m in the same situation as you and expected the new job to pull the plug. I sent a short, polite, email on Monday just asking for an update in these times. Came back 30 hours later saying everything was grand and I’d be starting as agreed. Albeit remotely.

Took a huge amount of stress and pressure off me. I’d recommend an email/call asking for an update.

 

[Amplus]

I think you replied to my post in the corona virus section. I’m in the same situation as you and expected the new job to pull the plug. I sent a short, polite, email on Monday just asking for an update in these times. Came back 30 hours later saying everything was grand and I’d be starting as agreed. Albeit remotely.

Took a huge amount of stress and pressure off me. I’d recommend an email/call asking for an update.

Sorry just started a new thread then saw this

 

[paradigm]

I started a new role on the 17th of Feb, just before everything began kicking off in earnest in the UK. Still fearful for my role during these time what with being in probation, but I am currently working from home and appear to have plenty to be getting on with.

Still, things could change with the wind at the moment, I do wonder about the specifics of the new Government plan to pay 80% (up to £2500) of an employee's pay. That might relieve the pressure on the business somewhat, assuming they are eligible.

 

[jdderbys]

the same thing happened to my wife previously, but due to a 'restructure'. Nothing we could do after taking legal advice.

I've got a new starter to help onboard on Monday then he will work remotely. Luckily I work for a financial services employer that is continuing with a recruitment campaign with no negative impacts on recruiting