Wrongful Dismissal / Job offer revoked 2 days after starting / Tribunal / Help!?

[Lee234]

Hi everyone,

I'm really hoping someone can help or provide some sort of guidance. Here is my story so far (hope it makes sense!):

*New employer checked qualifications of new employee
*Unconditional offer email received by new employee (PAYE)
*Training commenced with new employer
*New employer realised a qualification did not meet criteria for contract (PAYE employee but would have been completing works on behalf of a large energy supplier)
*New employee told to go home and await correspondence
*Correspondence received and advised new employer do not recognise new employee as employee although employment commenced
*Settlement attempted with new employer (only 2 days given to respond as wage required ASAP) with no response

This seems to be the 3/4 time that somebody has been sent home due to this companies' mess ups, it might also be useful to know that the guy who offered me the job initially had been taken off the management team by the time I started 4 weeks later.

Does it look like I might have some sort of case to go to Tribunal? Common sense has been telling me that I must have some grounds to claim as what has happened is unfair, but I am really struggling for any legal advice in my area or a good starting point.

Any help is really appreciated. Lee

[Kati]

tagging Ula mariefab xx

[Lee234]

Thanks KATI! Much appreciated

[jaguarsuk]

If you commenced employment with them, even for a day then you are an employee and the terms of your contract count.

They are obliged to pay you the notice period stated for the term of service you have, most contracts will say under 1 year a week, 1-2 years a month for example.

Even if they had withdrawn the offer before you stared they owe you one week of pay as statutory notice I believe.

[mariefab]

I agree that it's terribly unfair but I'm afraid that I don't have good news.

The only thing that I can say that you are entitled to is payment for the hours of training you did before you were sent home. That is if you can provide evidence that you did them.

If you could prove that the qualification that they require was not mentioned at any point up to the moment you started work; you would have a potential claim for damages for breach of contract.

However, damages for breach of contract would be your notice pay. Unless you have a contract of employment (or other document ) stating a minimum notice period to be given by the employer s.86 of the Employment Rights Act 1996 will apply. Under s. 86 there is no required notice period for anyone who's worked less that a month.