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 ??

[Diesellily]

That's disgraceful the way you've been treated, can you go back to old firm by any chance?

[abitofadvice]

unfortunately not - I spent my 4 weeks notice hiring and training my replacement! There is no other jobs going there at the moment

[becky2585]

Thats very poor!

 

Did you sign a contract entitling you to any notice pay?

[abitofadvice]

Yes I have a signed contract which says a weeks notice but they have told me in a text they will honor a months wage due to the circumstances.

I know this is going to help me out a lot whilst Im looking for other work but its the moral of it that is bugging me.

I feel it is going to make me look dodgy to potential employers more than anything

[Bandit127]

I think any reasonable future employer will see this for exactly what it is. A drastic change in circumstance of your new employer and very bad luck on your part.

 

If you had been there 6 weeks or more then they may think about your suitability for the role and it may have got complicated.

 

But 2 days is no reflection on you at all. I wouldn't worry.

 

Add it to your CV as it explains why you left your last job. And mark it up to experience.

 

You next job will make up for it.

[becky2585]

Well, you can explain the situation to prospective employers so I wouldnt be overly worried! A months notice is fairly generous considering you're onky entitled to a week, but they have behaved very badly.

 

Hopefully you'll get something new within that month!

[Emmzzi]

I agree with the others - future employers will easily see what this is.

[Pusillanimous]

You could take legal advice with a view to claiming for loss of earnings if you are out of work any length of time. It is a breach of promise and they probably knew when they hired you the firm was struggling.

[becky2585]

You could take legal advice with a view to claiming for loss of earnings if you are out of work any length of time. It is a breach of promise and they probably knew when they hired you the firm was struggling.

 

That isn't a legal claim that can be brought.

[assisted blonde]

If the company are having problems suing for loss of earnings wont help if they havent got any money, take the months pay, leave on good but sad terms and you never know they may be able to take you on again if the problems get sorted

[Pusillanimous]

No harm in getting a lawyer to write a strong legal letter. I worked for a firm who took on a sales director and then withdrew the offer before he started. As you can imagine, he was furious as he had sold his house and made all sorts of arrangements, as well as losing face. It is dishonourable behaviour and I am sure there must be recourse, all things being equal.

[abitofadvice]

Thanks for all your advice. I dont know how I would feel about going back to them now if circumstances change, once bitten and all that.

A months pay is generous I know, just have to cross my fingers I get something over this month

[becky2585]

No harm in getting a lawyer to write a strong legal letter. I worked for a firm who took on a sales director and then withdrew the offer before he started. As you can imagine, he was furious as he had sold his house and made all sorts of arrangements, as well as losing face. It is dishonourable behaviour and I am sure there must be recourse, all things being equal.

 

It's immoral, but not unlawful.

 

I'm not sure a solicitor would be able to write a strong letter - I certainly wouldn't unless I actually had the threat of valid legal claims

[Emmzzi]

I agree with Becky. Paying a lawyer for a vague outcome is also probably money OP doesn't have free to spend right now.

[Diesellily]

I really feel for you 'abitofadvice' it's a horrible thing to have happened to you. Fingers crossed this has happened for a reason and within the month you land your dream job. Try and stay focused and keep us up to date on the situation, big HUGS !!

[abitofadvice]

aww thanks - sitting here getting RSI frantically filling out applications!

[Pusillanimous]

It's immoral, but not unlawful.

 

I'm not sure a solicitor would be able to write a strong letter - I certainly wouldn't unless I actually had the threat of valid legal claims

 

So a lawyer won't write a letter selling their own granny down the river for fifty quid? Dash! Another misconception quashed...!

[altobelli]

abitofadvice, sorry to hear what happened. I think in terms of your cv, you will be able to explain the situation and others will understand.

 

Legally, there's not a lot you can do, particularly as they're offering you pay in lieu of notice in excess to your entitlement. You might have some argument that the Directors of the company have acted negligently by hiring you if they knew the business was in trouble, but this would be a difficult case to bring and very difficult to prove, you're not a shareholder or creditor of the business.

 

One suggestion, and I don't know if this is practical, could you ask the company if you could work for a nominal rate, or even unpaid, for a period of time until you find something else? Doing this isn't to everyone's taste, and I don't know whether the need for the job exists with company anymore, or if they just can't afford to pay for it. But this would keep you out of the house and give some continuity of employment for a while until you get another position. I don't know if this is appropriate for you, but just a thought.

[becky2585]

So a lawyer won't write a letter selling their own granny down the river for fifty quid? Dash! Another misconception quashed...!

 

You don't really understand the legal profession do you?

[abitofadvice]

One suggestion, and I don't know if this is practical, could you ask the company if you could work for a nominal rate, or even unpaid, for a period of time until you find something else? Doing this isn't to everyone's taste, and I don't know whether the need for the job exists with company anymore, or if they just can't afford to pay for it. But this would keep you out of the house and give some continuity of employment for a while until you get another position. I don't know if this is appropriate for you, but just a thought.

 

I dont think Money is the issue with the company, it is the lack of availability of the MD to train me whilst he is sorting out "the business problems"

I have today received my old P45 in the post back from them - now I am concerned about getting the months wage they are honoring. Would they not need my P45 so they can add me to payroll?

If they just send me a net figure - am I going to now have to pay more tax on it as I am presumably not going to get a pay silp or new P45 from them??

[altobelli]

Maybe give them a call to see how the month's notice is going to be paid.

[Pusillanimous]

..

[Pusillanimous]

You don't really understand the legal profession do you?

 

Er, you don't really understand irony do you?

[honeybee13]

Er, you don't really understand irony do you?

 

I guess that's the danger of the written word. I hope we can move on from this, guys?

 

My best, HB