I was offered a job last year.

Had all references etc back and all good.

We postponed my start date as I was away on holiday

then I asked to start two days later as my mum was ill in hospital and was very anxious.

I was then emailed to say the Job had been withdrawn and had been given to the person covering the job who worked there as they had had to get cover as the person who I was to take over from had left.

I just accepted this but am still so upset ... is it allowed??

Isn’t it breach of contract.

I didn’t have bad references I just couldn’t start on the date they had given me.

In the letter of employment it says I would have a three month probation period once I started , but I never even went in before they had withdrawn it and given it to someone in the office.

Did they agree the later of the start dates (the one where you didn’t work the 2 days your Mum was in hospital)?

What notice period would they have had to give you?

Did you sign a contract of employment?

There is a contract regardless of if one has been signed.

Lack of a signed contract wouldn’t stop an action for breach of contract.

Having a signed contract just makes it easier to prove / easier to show what terms were in it.

Probably more important is to see who breached it first ......

I was interested to see if the OP had actually turned up for the first day of work...

I understand a contract is binding even if not signed but unless the Employer agreed the change then it is the OP in breach of contract, surely.

However, I would imagine that if it was agreed there is a case to be made for payment of any notice period.... assuming, of course, that there is a notice period within the first seven days... (I have seen many contracts that state no notice within this period and then one week until end of probation)

Did they agree the later of the start dates (the one where you didn’t work the 2 days your Mum was in hospital)?

What notice period would they have had to give you?

Didn’t say anything on the letter or emails I had off them to say about a notice period. They agreed the later start dates. They never responded when I said can I start day later due to mum being ill they just emailed me later on and said sorry we have put some one else in the job and withdraw the position . I’ll paste it below

I am very sorry to hear about your mother and hope her health improves.

Unfortunately our need to fill the finance position is very urgent and has a major impact on our functioning and as such we are unable to delay any further. Therefore I am writing to inform you that we are withdrawing the offer of employment.

Should any other opportunities come up please do not hesitate to apply,

Can you just clarify that you requested a delayed start for a holiday, which they agreed to.

You then requested another delay which went unanswered until later on.....

What was the agreed post-holiday start date?

What date did you request a further delay?

Did you phone, email or write?

What date did they reply via email withdrawing the offer?

I was due to start 8th aug as I was on holiday till 4th aug they agreed this .

I then emailed 7th aug the day my mum was into hospital and said it could be 2nd September by time I could start.. I did think I had said sooner.

It was as I had no childcare for rest of holidays .

I asked if this was ok ,

I would have made arrangements if I had know it was going to end in my job being revoked..

I was very upset at the time due to anxiety and my mum being ill .

They then emailed on the 14th aug... well a different person emailed me to say sorry job is being withdrawn.

I emailed and said I can start next week but he emailed and said sorry we have made alternative decisions and the decision is final.

If (once they had agreed the 8th), you had started on the 8th, you’d be entitled to notice.

Given that they didn’t agree a delay past the 8th, they haven’t breached the contract, as you did.

Seems like you breeched the contract unfortunately.

They didn't agree to you having effectively another month off.

They needed someone to start work.

From your info you breached the contract. You agreed a start date, then you requested another due to your mum being ill, but got no reply, and despite them not saying yes or no, you had time off. More than they originally thought.

To them it would look like you didnt want the job.

But I couldn’t go in that day.. they ignored me so I could be replaced

You wrote

I was due to start 8th aug as I was on holiday till 4th aug they agreed this .

I then emailed 7th aug the day my mum was into hospital and said it could be 2nd September by time I could start.

from their point of view you emailed the day before your agreed start date saying you couldn't start...

On the agreed start date and requested a start date of 2nd sept.

I'm sorry but if I was in the company's position I would withdraw the job offer too.

They needed someone quickly to cover them in operational needs and you couldn't start.

So someone did start.

Company's cannot just blindly operate if they don't know the staff numbers are or are not going to walk through the door.

Its a bitter pill to swallow but the company is right.

You COULD go in. You chose not to. You asked them, despite already asking for ane xtension previously but they decided against it.

All you can do is look for another job and try not to postpone the start date.

Hello Morgan.

I'm a bit confused about the dates involved because it could be two days or about a month that your start was delayed by. But this all happened last August and maybe September and may not be relevant.

But all this happened last year - what outcome are you hoping for please?

HB

Hello Morgan.

 

I'm a bit confused about the dates involved because it could be two days or about a month that your start was delayed by. But this all happened last August and maybe September and may not be relevant.

 

But all this happened last year - what outcome are you hoping for please?

 

HB

I guess I just wanted to know if they could do this

They can. You didnt turn up for the start of your agreed period, so they withdrew it and offered it to someone else. WHen they didnt reply to your request of not coming in because your mum was ill, think how it looks to them.

You could have phoned them and asked like that, but chances are they would have said no anyway, as they already rearranged your start date.

Assume they had accepted this at the outset and then changed their minds on the day you were due to start and told you to go away when you arrived ready for work. What do you think they owe you? Answer is a weeks wages.

You never got that far though, you essentially turned down the original job offer and asked for a different one, which they agreed to. You then decided to try and change that job offer into something else.They decided not to offer you that new non existent job.