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Employment terminated before even started

Question

I was offered a new job and was supposed to have started work in a months time after I had worked out my notice in my old job.

I resigned my old job, but while I was working out my notice my new employer telephoned me and said that my new job was no longer available due to "corporate restructuring".

I tried to withdraw my resignation, but my old employer said that he had already found someone to replace me.

What can I do? Can I withdraw my resignation?

Answer

Once you have given your resignation, it can only be withdrawn if your employer agrees.

You can however, take a personal grievance against your new employer for unjustified dismissal.

Although you had not started work, you had a contract to do so.

Personal grievances are available not only to people who have actually started work, but to people who are "intending to work". That is, people like you who have a contract to start work, but are terminated before they get an opportunity to do so.

The Employment Court and Tribunal have dealt with a number of these types of cases over the years.

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