New employer pushed back start date. Is this legal?

29
Posted 22nd Mar
Hey all,

I was due to start with my new employer next week however I’ve just received a letter saying they are pushing back my start date by 6 months due to uncertainty around the Coronavirus.

Obviously I’ve already given in my notice to current employer and they won’t have me back.

So it would seem I’m now screwed for the next 6 months.

Is this even legal? I already have the contract and the start date has been agreed over email.

Thanks
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Pandamansays22/03/2020 11:45

Yes it's legal.Try watching the news or picking up a newspaper. It would …Yes it's legal.Try watching the news or picking up a newspaper. It would appear you are luckier than many.


I’m sure there are others in worse situations right now however there’s no need to make comparisons. I won’t be able to afford my rent, bills or buy food for at least 6 months so I’m not feeling that lucky.
Yes it's legal.
Try watching the news or picking up a newspaper. It would appear you are luckier than many.
mutley122/03/2020 23:03

the 80% help is only for the leisure and entertainment industry





Please just stop spreading false information.
tregs22/03/2020 23:08

So, are you saying staff in the retail industry will not get the 80% help?



Mutley is incorrect & really needs to think before posting false information.
29 Comments
What does your contract say about revocation? Any force majeure clause?
Yes it's legal.
Try watching the news or picking up a newspaper. It would appear you are luckier than many.
Pandamansays22/03/2020 11:45

Yes it's legal.Try watching the news or picking up a newspaper. It would …Yes it's legal.Try watching the news or picking up a newspaper. It would appear you are luckier than many.


I’m sure there are others in worse situations right now however there’s no need to make comparisons. I won’t be able to afford my rent, bills or buy food for at least 6 months so I’m not feeling that lucky.
splender22/03/2020 11:42

What does your contract say about revocation? Any force majeure clause?


There doesn’t appear to be any clauses of this nature
lucasmeister22/03/2020 11:52

There doesn’t appear to be any clauses of this nature


Observation only: Conditional or unconditional offer? If you had received a start date and you formally accepted that date it implies unconditional offer and acceptance, in which case unless there is a deferment clause in the contract
"The employer has confirmed that the job offer was unconditional, or the applicant has met all conditions
The applicant can sue the employer for ‘breach of contract’ "

gov.uk/job…hts
What type of role is this ? Can they negotiate you work remotely?
AndyRoyd22/03/2020 12:01

Observation only: Conditional or unconditional offer? If you had received …Observation only: Conditional or unconditional offer? If you had received a start date and you formally accepted that date it implies unconditional offer and acceptance, in which case unless there is a deferment clause in the contract "The employer has confirmed that the job offer was unconditional, or the applicant has met all conditions The applicant can sue the employer for ‘breach of contract’ "https://www.gov.uk/job-offers-your-rights


Yeah the start date was agreed. I have several emails confirming this. The start date is also in the contract. I guess it’s unconditional then. The only requirements that allow withdrawal are if they don’t receive references or proof to work in the U.K.
DealDog22/03/2020 12:06

What type of role is this ? Can they negotiate you work remotely?


It’s a job that can be worked remotely, yes. However from their letter it sounds like they’ve delayed the start date due to financial implications.
lucasmeister22/03/2020 12:12

Yeah the start date was agreed. I have several emails confirming this. The …Yeah the start date was agreed. I have several emails confirming this. The start date is also in the contract. I guess it’s unconditional then. The only requirements that allow withdrawal are if they don’t receive references or proof to work in the U.K.


Although these are conditions so maybe I’m wrong
From a business perspective I can see exactly why they've taken this approach but really feel for you, it's terrible timing.

Hope you can work something out with your current employer but I can see why they wouldn't want you back from a purely cost perspective.

You could try ringing\visiting CAB but I suspect you'll be on a losing battle, do you really want to start a new employment by being the one to kick up a stink.

Hope you sort something, best of luck.
lucasmeister22/03/2020 11:52

There doesn’t appear to be any clauses of this nature


Then, if you signed, then the contract term prevails unless there are exclusions. Therefore, if you are not needed, then I think the company can put you on furlough leave, subject to further precise details from the government grant scheme. This means you get 80% of your pay up to the announced limit. The employer need not give you the other 20% out of their own pocket. I think a condition is that your contract must have been valid prior to the Chancellor's announcement or some cut-off date and limitations (to prevent scam).

As to "The only requirements that allow withdrawal are if they don’t receive references or proof to work in the U.K."
Contract prevails if you can supply these.
Edited by: "splender" 22nd Mar
unfortunately i think it is legal, and certainly in the current climate it could be quite common. i am sorry to hear of your predicament, it must be very distressing.

i am drawing a comparison to companies being able to make someone redundant without giving any reason within the first 2 years of employment so they could just employ you then make you immediately redundant anyway.

sounds really bad. maybe go and look for a temporary job in the meantime to pay the bills.
Force majeure situation, unfortunately
lucasmeister22/03/2020 11:51

I’m sure there are others in worse situations right now however there’s no …I’m sure there are others in worse situations right now however there’s no need to make comparisons. I won’t be able to afford my rent, bills or buy food for at least 6 months so I’m not feeling that lucky.


Realisticly there is thousands of business doing illegal things right now, you won't be able to get any justice atall or atleast for a long while, so might aswell keep all documentations you have had and focus on finding a new job.

Is it wrong? yes but it's also a important things business do the bad things to keep the rest of the staff on the payroll at this time IMO
Until you've been employed for 2 years you have very limited rights under uk employment law. They can basically let you go at any time.

I'd try asking them for notice period pay, but realistically you're stuffed.
mas9922/03/2020 13:52

Until you've been employed for 2 years you have very limited rights under …Until you've been employed for 2 years you have very limited rights under uk employment law. They can basically let you go at any time.I'd try asking them for notice period pay, but realistically you're stuffed.


during your probation period, the notice is often only one week. also the OP would lose the opportunity of the job when things do recover and he can start.
Edited by: "mutley1" 22nd Mar
Contact them again... it was sent out before the government guaranteed 80% of your wages. They will have you on their books then for free until the crisis is over. Null risk to them but you obviously have a skill they want or they wouldn't have agreed to enjoy you.
lucasmeister22/03/2020 12:12

Yeah the start date was agreed. I have several emails confirming this. The …Yeah the start date was agreed. I have several emails confirming this. The start date is also in the contract. I guess it’s unconditional then. The only requirements that allow withdrawal are if they don’t receive references or proof to work in the U.K.


Would you qualify for the 80% of your wage paid by the government?
nadhaw22/03/2020 20:38

Would you qualify for the 80% of your wage paid by the government?


the 80% help is only for the leisure and entertainment industry as the government has given them no choice and told them to close. i don't think the OP's new employer is closed, they have delayed his start date because they are worried about the current situation on their business as all businesses are at the moment.
mutley122/03/2020 23:03

the 80% help is only for the leisure and entertainment industry





Please just stop spreading false information.
mutley122/03/2020 23:03

the 80% help is only for the leisure and entertainment industry as the …the 80% help is only for the leisure and entertainment industry as the government has given them no choice and told them to close. i don't think the OP's new employer is closed, they have delayed his start date because they are worried about the current situation on their business as all businesses are at the moment.



So, are you saying staff in the retail industry will not get the 80% help?
tregs22/03/2020 23:08

So, are you saying staff in the retail industry will not get the 80% help?



Mutley is incorrect & really needs to think before posting false information.
mutley122/03/2020 23:03

the 80% help is only for the leisure and entertainment industry as the …the 80% help is only for the leisure and entertainment industry as the government has given them no choice and told them to close.


This is just wrong. Please research your facts before posting. The 80% is for any employee who is stood down from work but kept on by the employer.

bbc.co.uk/new…005
gov.uk/gov…ees


"If your employer cannot cover staff costs due to COVID-19, they may be able to access support to continue paying part of your wage, to avoid redundancies.

If your employer intends to access the Coronavirus Job Retention Scheme, they will discuss with you becoming classified as a furloughed worker. This would mean that you are kept on your employer’s payroll, rather than being laid off."
mutley122/03/2020 23:24

https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-guidance-for-employees"If your employer cannot cover staff costs due to COVID-19, they may be able to access support to continue paying part of your wage, to avoid redundancies.If your employer intends to access the Coronavirus Job Retention Scheme, they will discuss with you becoming classified as a furloughed worker. This would mean that you are kept on your employer’s payroll, rather than being laid off."


Correct. But you stated that it was only for the leisure and entertainment industry.
mutley122/03/2020 23:24

https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-guidance-for-employees"If your employer cannot cover staff costs due to COVID-19, they may be able to access support to continue paying part of your wage, to avoid redundancies.If your employer intends to access the Coronavirus Job Retention Scheme, they will discuss with you becoming classified as a furloughed worker. This would mean that you are kept on your employer’s payroll, rather than being laid off."


And where does it say in there "help is only for the leisure and entertainment industry"?

It doesn't. Mutley please get important things right before posting. Please.
mutley122/03/2020 23:24

https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-guidance-for-employees"If your employer cannot cover staff costs due to COVID-19, they may be able to access support to continue paying part of your wage, to avoid redundancies.If your employer intends to access the Coronavirus Job Retention Scheme, they will discuss with you becoming classified as a furloughed worker. This would mean that you are kept on your employer’s payroll, rather than being laid off."



So it's not just for the leisure and entertainment industry as you just said?


mutley122/03/2020 23:03

the 80% help is only for the leisure and entertainment industry as the …the 80% help is only for the leisure and entertainment industry as the government has given them no choice and told them to close.

Willy_Wonka22/03/2020 23:13

Mutley is incorrect & really needs to think before posting false …Mutley is incorrect & really needs to think before posting false information.


lucasmeister22/03/2020 11:51

I’m sure there are others in worse situations right now however there’s no …I’m sure there are others in worse situations right now however there’s no need to make comparisons. I won’t be able to afford my rent, bills or buy food for at least 6 months so I’m not feeling that lucky.


You'll have to sign up for Universal Credit. Apparently they've temporarily removed the 5 week wait and bumped it up £20 a week. There are MILLIONS in your situation.
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