My employer has retracted my contract after 14 days of its beginning

[apple987]

Hello everyone, My employer has retracted my contract after 14 days of its beginning due to headcounts problem. Why have I been offered a contract if they were not ready to hire anyone?
I worked as a contractor for the company 3 months and had been offered a permanent contract, I complete my first day then go on holiday and on my return I'm called for a meeting where I'm informed I'm not in a contract anymore and will need to put me back as contractor with a third party agency. They claim it's not a breach however I'm not too convinced.
They insist it has nothing to do with my performance that has actually been outstanding.
Opinions?

[2222]

When you say retracted, what do you mean? Are you saying that they have given you notice to end the contract in accordance with its terms?

[apple987]

When you say retracted, what do you mean? Are you saying that they have given you notice to end the contract in accordance with its terms?

Thank you. They haven't given me any notice. Further more I was away on holiday and was not notified. They are basically taking back the contract despite it has been already signed from both sides. I believe they are trying to cover their mistake for offering me a contract assuming it will have been approved by the headquarter who is in charge of headcounts.

[2222]

Thank you. They haven't given me any notice. Further more I was away on holiday and was not notified. They are basically taking back the contract despite it has been already signed from both sides. I believe they are trying to cover their mistake for offering me a contract assuming it will have been approved by the headquarter who is in charge of headcounts.

That is obviously outrageously wrong, but you need to decide what to do about it.

How much notice should you be due? You'd have had to work that, then presumably go back to contracting. You would only be entitled to pro rata holiday pay. So, can you work out how much your loss is?

The thing is that you obviously like working there, or you would not have accepted the employment. They obviously like you, or they would not have offered it. So, there could be some meeting of minds?

[apple987]

That is obviously outrageously wrong, but you need to decide what to do about it.

How much notice should you be due? You'd have had to work that, then presumably go back to contracting. You would only be entitled to pro rata holiday pay. So, can you work out how much your loss is?

The thing is that you obviously like working there, or you would not have accepted the employment. They obviously like you, or they would not have offered it. So, there could be some meeting of minds?

The notice was 30 days. I used to love the work but now I lost my enthusiasm and trust in the company and also I have to change a lot of life plans I had, having a good permanent contract. I'm already looking for another job but I feel it s unfair to leave it like this

[ostell]

It's probably the result of the bean counters higher up. They've noticed what local management are doing to improve the company but unfortunately all they see is the numbers. If you like the job and the people you work with go back and work with them again in the hope that the bean counters take their eyes of the numbers again and the local management get their way.

[ULA]

They need to give you the appropriate amount of notice as stated in your contract of employment if this is more than the statutory minimum. Just double check that you were not subject to a probationary period as part of your contract, since if you were then quite often notice periods during this time are shorter than once you have completed your probationary period.

You said you have been on holiday which I presume the company knew about in advance of you joining permanently and agreed to you working one day then being on leave? Had they agreed that as paid holiday since you would not have accrued enough holiday one day into the permanent role. How long were you off for?

[apple987]

They need to give you the appropriate amount of notice as stated in your contract of employment if this is more than the statutory minimum. Just double check that you were not subject to a probationary period as part of your contract, since if you were then quite often notice periods during this time are shorter than once you have completed your probationary period.

You said you have been on holiday which I presume the company knew about in advance of you joining permanently and agreed to you working one day then being on leave? Had they agreed that as paid holiday since you would not have accrued enough holiday one day into the permanent role. How long were you off for?

Thank you for your reply. I was away for 14 days and they were aware before I started the contract and agreed to cover it with paid holiday. I was on 3 months probation with 30 days notice.

[ULA]

So if you were on 30 days notice during the probationary period this is the notice they have to provide. Bear in mind though depending on whether there were clauses in your contract about recovery monies which can include overtaken holiday they would be entitled to recover this from your final salary as you as it is doubtful you would have accrued pro-rata enough holiday entitlement to take 14 days paid leave.