As an employer, have you ever wondered what might happen if you change your mind about a recruit after your offer of recruitment is accepted but before commencement of employment?
In McCann v Snozone Ltd ET/3402068/2015 an employment tribunal has provided an answer. The judge held that the contract had been formed, therefore notice pay was due if either party wished to terminate the contract.
The next issue is how much notice pay was due. No start date, salary or notice period had been agreed.
The judge determined what a reasonable notice period would have been, and concluded that it would have been a month. As to this, the employer did not provide any evidence of what its employment contracts normally say. The judge said there was no need for it to determine what the start date would or should have been, as it did not affect the issues. Doubts may be expressed about that – the claimant would only have suffered loss during the period he should have been working. Shouldn't the judge have assessed a likely start date, and only awarded damages for the period from then until the end of the notice period?
Whether or not the judge determined damages correctly, this case illustrates an important lesson for any business. Bear in mind that if the recruit had resigned from another job in order to start this employment, he would have suffered considerably; so out of fairness to the recruit as well as avoiding a negative judgment from the tribunal, it would be wise to make a firm decision before communicating it.
Source FSB legal bulletin
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Replies
That said if they have left a job to come to you then you should have some responsibility and respect for them.
Re-read the article.
Was just musing really as it does not affect me
I said re-read the article, not what you said !!!
Don't confuse the 2 year issue you raise with that ruling - it is a different scenario and still stands.