Lasted 2 days

[abitofadvice]

Hi All

Sorry if this seems long winded but I just wanted to make sure you have all the facts.

Just after a touch of advice - I think you are going to to say its just tough but....

I applied for a new permanent job through an agency and after 2 interviews I was offered the role of office manager.
I insisted on getting the contract and signing it before I handed in my notice as Ive been with my current employer for 8 years.
After working a months notice I started my new job on Monday

The MD wasn't in on Monday so I spent the day with the Operations Director giving me an oversight into the business where I sat in a training session for another department, but he advised the MD would be training my directly so my role would really start the following day.

I went in Tuesday morning and when the MD came into the office he said hello and asked me to give him an hour to catch up on emails etc then he would be with me for the day.

As 12 noon he called me into his office and said he had discovered some problems in the business he needed to resolve and it wasnt feasible for me to just sit around without any training. He asked if I would go home, taking Wednesday and Thursday off and he would be in touch on Thursday afternoon to speak to me with details about attending a sales conference with him on the Friday as this would be a brilliant insight into the company. Then proper training could commence the following week.

Thursday evening, at 5pm Id not heard from him so I contacted him asking what the travel arrangements were for the following day.
He text back around half an hour later advising me the agency should have been in touch to tell me they are unable to take things any further at this stage. Many issues in the business mean they are unable to look at a manager at the moment.

I have spoken to the agency today who confirm they have not heard a thing from the company.

In a nutshell, I have left a career of 8 years to move on to something I thought was bigger and better to be simply discarded without even allowing me to do any work.
Is this legal?
Whilst I know it is my probationary period, would it not be necessary to look at my work and appraise me to make the decision Im no longer required? Its not redundancy surely?

Any advice ??

[Sapphire]

Re: Lasted 2 days

Hiya

I doubt very much if you have any recourse on this, my advice to you is if you got on well with you're ex employer give them a ring, ask to have a meeting and explain whats happened and see if you can have your job back. Not ideal I know, but these days a job is a job and all that.

[abitofadvice]

Re: Lasted 2 days

Thanks for you response.
Unfortunately I spent my notice hiring and training my replacement so I know going back is not an option. Ive just stuffed myself over basically!

[Sapphire]

Re: Lasted 2 days

Oh bugger, thats a bummer, do you get on with your ex employer ?

[miliitant]

Re: Lasted 2 days

right then

critical point this

DID YOU SIGN A NEW CONTRACT OF EMPLOYMENT BEFORE STARTING WORK WITH THE NEW EMPLOYER AND DID YOU EVER GET AN ACCEPTANCE NOTICE FOR THE POST

IS THE CONTRACT OF EMPLOYMENT YOU WERE GIVE BETWEEN YOU AND THE COMPANY OR BETWEEN THE AGENCY AND THE EMPLOYER

THIS IS CRITICAL ON ANY CLAIM FOR BREACH OF CONTRACT, EITHER THE EMPLOYER OR AGENCY

THIS IS UNDER THE LAW OF CONTRACT, NOT EMPLOYMENT

[abitofadvice]

Re: Lasted 2 days

DID YOU SIGN A NEW CONTRACT OF EMPLOYMENT BEFORE STARTING WORK WITH THE NEW EMPLOYER AND DID YOU EVER GET AN ACCEPTANCE NOTICE FOR THE POST - I signed a contract, of which I have a copy here, before I handed in my notice. I didn't receive any further communication from them. The week before I was due to start, I contacted the agency asking if I should have had any communication prior to my start date. The agency contacted the employer on my behalf and then came back to me confirming they had spoken with the company, everything was fine and I should turn up Monday morning as per the working hours of my signed contract

IS THE CONTRACT OF EMPLOYMENT YOU WERE GIVE BETWEEN YOU AND THE COMPANY OR BETWEEN THE AGENCY AND THE EMPLOYER - The contract was with the new employer directly

[miliitant]

Re: Lasted 2 days

if the contract was with you then all that means is the agency got a kick back for recomending you

a contract is a contract, both parties signed it so each will be liable if either breaks it

take for instance if you left after the first day, the employer could sue you for a temp worker until a permanent post is filled

likewise you could sue the employer until you found a sutable replacement with the same t&c

flip the coin over, by letting you go as such, that is a form of dismissal, what does the contract say about redundancy and severance payments, how much notice is needed to terminate your employment

the only problem yopu have is less than 2 years service so you cannot bring a claim to an employment tribunal unless a protected characteristic has been breached , but under contract law, you have a clam

employment law is my area , not contract so speak to a no win no fee solicitor, law centre, cab for example

[abitofadvice]

Re: Lasted 2 days

Thank you so much for your help.
During Probationary is stipulates only 1 weeks notice is required and they have offered me 4 weeks money under the circumstances

[miliitant]

Re: Lasted 2 days

if probationary period is included in the contract of employment then take the 4 weeks money

sorry i cant be more help