Unconditional job offer and new employer is potentially withdrawing offer - help?

[PanicRoom]

Hi all
I received a conditional then unconditional job offer via email which I have accepted. The employer stated that it would be several weeks prior to me receiving a hard copy of my contract but they were keen for me to start so wanted me to hand in my notice and gave me a start date (all in email). I confirmed that I was happy to accept and so handed in my 1 weeks notice at current employer and was ready to start at new employer. A few days before starting with the new employer, I receive an email saying that HR have a problem issuing my contract and they asked if my previous employer could keep me on for a 'while longer' (no indication as to how long). I said this wasn't possible as I had already left and was working my owed holidays and already said my goodbyes (they also have a freeze on recruitment). When asked that the issue with issuing my contract was (thinking it was a problem with references or something), they said there was a 'problem with site maintenance and the decision to potentially put my contract on hold has come from higher up', suggesting they need my salary to pay for repairs. Again, I have all of this in an email as proof. I'm so furious and I am panicking as this isn't my fault and the new employer are the ones who made me hand in my notice. I know that I can sue for breach of contract as my offer is unconditional but I've read stories in which people have only received one weeks or one months payment. It will take me longer than that to find another job! It is also more about the consequences on my cv I am worried about. If they completely withdraw the position or delay my start date by several months, I have going to have a gap in my cv which I have never had and I will have to explain this in every job interview I have and just pray that I will be believed. What should I do? I don't want to threaten them so early as I was really looking forward to this job but I am desperate as I have a mortgage and family to support and as of Monday I have no income! Please help

[ULA]

So it sounds like you are unsure at this moment in time whether you have a job that will now start sometime in the future or not.

If they have withdrawn an unconditional job offer then what they should do is end the contract fairly by giving notice in accordance with their contractual terms, which i appreciate you may not know as you have not had a contract yet. If they do not want you to work this notice then they would need to pay it to you instead which could typically be a week, two weeks or a month depending in the contractual terms.*

I would suggest that you email them and ask them to provide clarification on the exact situation in regard to the job offer, given that you have left your current employer due to their keenness to have you start and that now leaving you with no job puts you in a financially difficult situation. State that if they are withdrawing the offer the very least they should do is provide notice in accordance with their contractual terms and presuming that they do not wish you to work this then you should be paid in lieu of notice.*

Hope that helps.

[PanicRoom]

LB admin - thank you very much for your response.
I have since been in contact with my old employer and unfortunately they cannot take me back as I was an agency employee and this would involve paying a fee to my agency. I have explained this and the financial difficulties to my employer, and the responses I have received include my would be boss explaining that she was acting on behalf of her boss, she feels really bad about it, she's trying to fix the situation but ultimately the decision comes from above and cannot provide an answer. Additionally, they have now also confirmed that the decision to without my contract is because of maintenance issues with the site and my may need my salary to pay for the repairs. Therefore, it isn't looking promising. Again, this is all in an email. I am really gutted as I was really looking forward to this and even more gutted that I have been left unemployment due to their bad management. This employer is a major university so I would expect better. Can I really only sue for one week-one month notice? Like I said previously, it will take me longer to find another job and so will majority impact my finances, on top of the damage done to my cv.

[ULA]

Unfortunately that is all you can claim for i.e. the notice you would have been contractually entitled to had you actually started with the company. If the company do not agree to pay this to you then please be aware that if you were to pursue this there is a fee to issue such a claim.*