Told no work for me

[mkeay]

I was hired by company, startup.

 

During the first project I was told on one occassion there may not be work suitable for me and then on a seperate occassion the company may not be right for me.

 

I have worked there for 6 months on full-time/permanent contract. This is a highly-skilled position in which I turned down another offer, to join this company. I have since tried to seek re-opening negotiations with the other company and they had gone cold on me because they thought i was messing them around

[mkeay]

Do i have legal recourse with this company?

 

I believe they have treated me like a bum on the seat to deliver the project i was working on and then discarding me.

[Emmzzi]

well, what kind of contract did you have with them?

[mkeay]

I had a full-time permanent contract.

[mkeay]

My argument so far is the following - i believe this is a breach of the mutual trust and confidence between employer and employee.

 

There is one thing to realise that after 3years there may be no work, or the work is drying up. But when an individual is hired and in 4 weeks you told there may not be the work, that is an absolutely appalling state of affairs when an individual has just joined a company and turned down an offer elsewhere.

 

Edited September 12, 2013 by citizenB
removed broken image link

[Atlas01]

I'm afraid i see nothing illegal here, any claim for unfair dismissal has a 2 yr qualifying period and hefty sum to lodge an ET1 thanks to this caring coalition government

 

What you could have done is irrelevant to the company and to the law, school of hard knocks and all that

 

Best advise, try to find something else before they terminate you and do your best not to let them know of it or they may just use it against you to dismiss

 

sorry

[mkeay]

Rather than constructive dismissal - I was looking at this from a breech of contract claim.

 

it is my opinion (does not seem to mean much in this world) that entered into employment with the belief there was work for me based on my background experience.

 

When the Software Development manager told me 4 weeks into my employment that there may not be any work for someone of my background and experience - I believe the company breached the contract through implied mutual trust and confidence which exists in the contract of employment.

 

This resulted in me having only option to leave the company or look at leaving the company.

 

The act of telling me there was no work for someone of my background or experience, destroyed the employment relationship between me and the employer resulting in only one outcome - me to leave the company.

[Emmzzi]

You knew it was a start up? Which is always high risk. No legal recourse here.

[Atlas01]

I ignored breach in my advise because you need a high level of proof and a very good and expensive brief

 

You have written nothing to show your contract was breached apart from you doing this when you walked, they told you they felt their wasn't any work for you, this is a perfectly fine statement to make if there isn't, they said you did not feel the company was right for you, again they can do this although this is slightly more of a dodgy statement to make.

 

Let me give you an example, i am very good where i work at getting people to do things, i have worked in legal enforcement and also employee relations and can pretty much guarantee that i can get managers and HR to comply if there is a case to do so, where i now work they don't let me near some work because they are worried they will get their ear bent by people in positions of power if i do even though what i'm doing is the best thing for the company, what comeback do i have.... None! my job is clear i am an advisor, not an enforcer or someone who must ensure compliance.

 

If i challenged them i would be told that some work isn't suitable because of me, this is their view and it is correct under my "employers" wishes, they could also say my way of working isn't right for where i work and according to my job description they are 100% correct, personally i think they are both lazy and spineless but that is only my point of view and who is to say i'm the one who is right.

 

The words they used could be used in most performance reviews and be argued that they were there to show the employer wasn't happy with you as an employee and giving you chance to change, you never gave them the chance by walking an this will be rammed down your throat by any semi skilled lawyer.

 

I think you jumped the gun for any claim going off what you have said.

[mkeay]

I am not convinced by your argument. I was told this after 4 weeks - I left after 6 months because i saw nothing changing within the business.

 

If there was a problem with performance, this would have been dealt with before the 6 months and during the contracted probationary period. Never was anything said about performance.

 

I believe this case is about my experience and background as a Software Developer and not because of performance as you suggest.

[Atlas01]

I am not convinced by your argument.

 

You have no need to be, i'm not arguing with you just offering my opinion

 

go get some proper legal advice, take any contrary view on here into account, you ask you get

 

you want full 100% legal clarity you need a solicitor

 

The more titbits you offer the more i see less of a case (but this is just my view) now your telling us they said this after 4 weeks but both you and the employer were happy to continue for an other 5 months, sorry but this to me is like a blowtorch to an ice cube

 

What your missing here is your employer took zero action against you for their comments, you chose to walk they didn't do anything to push you for 5 months after that, if i was them i'd be saying "yes, we told him at the start that he needed to improve to fit the business and he did so we though everything was fine, next thing 5 months down the line the guy just walked leaving us with a massive issue filling his role"

 

i bet 90% of us work for a business that we think could be run better or utilise it's staff much more efficiently

 

Anyhow, get some proper legal advise it's the best thing for you

[Emmzzi]

This resulted in me having only option to leave the company or look at leaving the company.

 

The act of telling me there was no work for someone of my background or experience, destroyed the employment relationship between me and the employer resulting in only one outcome - me to leave the company.

 

Rubbish. You could have worked very slowly and kept taking the cash.

 

 

Hurt feelings and a bad decision =/= a legal case. Next time you need to ask more questions before joining a company. Take it as a learning experience and be tougher next time.

[mkeay]

Okay clearly I am wrong so please stop the attacks on me. I just wanted some advice.

[Emmzzi]

Sorry you felt attacked hon - I am always the most blunt person on here! I think i;m getting to the heart of it and saving time but y'know, doesn't always come over that way!

 

I do hope somethong more in line with your talents comes up soon for you.

[Grotesque]

I am always the most blunt person on here!

 

...you reckon?! lol

[Pin Stripe]

"Sorry you felt attacked hon - I am always the most blunt person on here! I think i;m getting to the heart of it and saving time but y'know, doesn't always come over that way!"

 

mkeay I see the other two have replied in a jokey way, which is a shame. Don't let it get to you, have a look at some other posts if you like - you'll see Emmzzi comes across as pretty nasty at times. It's not you, it's her issues. And Good Luck.

[Emmzzi]

 

mkeay I see the other two have replied in a jokey way, which is a shame. Don't let it get to you, have a look at some other posts if you like - you'll see Emmzzi comes across as pretty nasty at times. It's not you, it's her issues. And Good Luck.

 

welcome back, hope all is still calm at work PS!

[citizenB]

Okay clearly I am wrong so please stop the attacks on me. I just wanted some advice.

 

IMHO, there was no personal attack.

 

 

mkeay I see the other two have replied in a jokey way, which is a shame. Don't let it get to you, have a look at some other posts if you like - you'll see Emmzzi comes across as pretty nasty at times. It's not you, it's her issues. And Good Luck.

 

PS, this is out of order.

[san_d]

welcome back, hope all is still calm at work PS!

Is this a husband/wife moment? Am I missing something here?

[honeybee13]

Is this a husband/wife moment? Am I missing something here?

 

Sorry, san_d, I'm not sure what you mean?

 

Edit, actually please scrub what I said. The point is to help the OP, not have an off topic discussion here. I apologise if I've diverted the thread, I shouldn't have.

 

HB

[Grotesque]

wot