Signed 3 month contract...Job gone...

mecanoman

Hi Folks

Just thought i'd ask here. I'm working on a 6 month contract

(ends in two weeks). I was lucky enough to do a test and be offered a 6 month contract again(which i signed and posted off this morning) but working in another part of the company.

Turned up to day but the Supervisor said "i wasn't what he was looking for. They didn't have the time to train me up."

Wonder where do i stand now, am i out on my ear in two weeks, or is my employer honoured to maintain the contract and find another position within the company?

Any input would be great, bit worried now.

Procrastastudy

Not very knowlegeable on the subject myself but I do know once you've been employed less than a year you've very little recourse. So even if you could get the contract enforced you could be in there a week and the same supervisor could say "sorry its not working out" and you would still be gone.

Have you tried appraoching the person that extended your contract in a very nicey nicey brown nosing kinda way?

Oh just for what its worth - your contract was accepted the moment you put it in the letter box under the postal rule.

mecanoman

Thanks for the reply, i probably am fighting a losing battle.

Big day is on tuesday forthnight, fingers crossed. I'll let you know the out come then.

page1

Being careful not to breach the charter by giving advice, this is what you should be looking at.

Formation of a contract - offer and acceptance - they offered you a job, you signed the contract and posted it off. Once an acceptance is posted the contract is completed under the postal rule and at that stage it is too late to retract the offer. (Byrne v Van Tienhoven)
The expection to this is if the contract expressly states that it is not accepted until it is received (Holwell Securities v Hughes)

An offer can only be revoked BEFORE it has been accepted not afterwards. (unless you knew it was going to be revoked before you accepted) ie you heard they had changed their minds but signed the contract and posted it anyway

If the other party to the contract states their intention not to honour their obligations under the contract that is a breach of contract.
A contract can be breached before it is due to start - called an anticipatory breach and the injured party can sue for damages once they have been told the other party has no intention of fulfilling their side. (Hochster v De La Tour)

To bring a claim for unfair dismissal you generally need to have 12 months continuous service but that rule doesnt apply if you are bringing a claim under breach of contract.

mecanoman

Thats great, thanks for the helpful advice. I'm checking everything and

anything to do with contracts, bit of a minefield, so i'm glad of any imput.

Talking to other employees (i know its only rumours) but it appears

the mistake is on their end. Will keep you updated.

Procrastastudy

page1 wrote: »

To bring a claim for unfair dismissal you generally need to have 12 months continuous service but that rule doesnt apply if you are bringing a claim under breach of contract.

I thought the EAT wouldn't look at anything under 12 months service?

Not to say he couldn't do to court with it - but the cost might be prohibative.

mecanoman

Just a follow up on this, was brought into the Office for a chat.

I was told "unoffically" they shafted themselves. They had made a contract with me for another 6 months by mistake. So i'm still in a job.

(keeping the wolf from the door) Gives me breathing space to start looking for a new job. Thanks for all the advice folks. Onto the next adventure now

Procrastastudy

Congrats man!