Employment start date / Breach of Contract

[Dinamodudu]

Hi there,

I'm looking for some help. I have received and signed a contract of employment by my new company. Both sides signed the contract. Unfortunately - or more fortunately - I'll get married in September and therefore will have to take leave for 3 weeks. This was raised by me from the first interview I had with the talent recruiter and has been acknowledged verbally and in writing. We even agreed to a paid/unpaid leave scheme for September, before both parties signed the contract.

Yesterday, I received a phone call and was told that a decision had been made to push my start date back to October because my leave. I have already resigned from my current job and informed my employer.

Can anyone please get me some advice on this? I was not born in the UK, so this is a little bit intimidating and stressful to deal with.

Kind regards

[ULA]

Congratulations on your forthcoming wedding.

Did your contract of employment have a start date which was prior to the now pushed back date of start in Oct?

[Dinamodudu]

Thank you very much, ULA.

Yes, my contract of employment has a clear start date which was one month before the now suggested new start date. We have an agreement via mail about my leave construction for the month of September, which I agreed to and then signed the contract with the original start date. So did the company shortly thereafter.

Things took a new turn today. After my phone call, in which I clearly stated that the company is in breach of the contract and can't push my start date back on any legal ground, the offer/contract was withdrawn today. Reason: it's simply not working for them that I'm not flexible enough to move my start date back by a month.

[ULA]

If they have now withdrawn the job offer, since a contract of employment has been signed then the company will need to pay you notice in accordance with the contractual notice period.

The employment contract may state that during and at the end of the probationary period either party can end the contract on a shorter notice period. However since you have not started the probationary period when the offer has been withdrawn i.e. now as you have not had your first day at work you could argue that the notice period that applies will be what the notice would be in the absence of a probationary period.