You might wonder if it’s possible to be sacked before you even start your new job.
The short answer is yes. The precedent was set a few years ago. 
In August 1995, Ms Sarker got a job as an ultrasound manager at South Tees Hospital Trust NHS, due to start that October. They sent her a letter of appointment and a formal document which explained the details of her employment. Both documents made it clear that she would have to give two months’ notice if she wanted to resign.
In September, before she started working for them, the Trust wanted to increase the notice period to six months. After discussing it with Ms Sarker over the phone, they withdrew the offer of employment.
Even though Ms Sarker hadn’t worked a single day for them, she was able to make a claim for breach of contract, covering the period of notice she was originally due.
Initially, the Employment Tribunal rejected her claim, because she hadn’t actually started work yet. However, the Employment Appeal Tribunal ruled that the job offer and acceptance formed a contract, even though the start date was in the future, and that the Trust had broken the terms of the contract.
What this means to you
If you accept a job offer but the employer changes the terms before you start work, you might be entitled to claim payment covering the notice period in your contract.
Also, although there is usually a two-year rule (one year in Northern Ireland), you would even be able to bring a claim for unfair dismissal if the reason for the job not commencing is classed as ‘automatically unfair’, such as you becoming pregnant or asking to be paid the national minimum wage.
If you’d like any advice on this or any other employment law subject, please ask. We’ll be happy to help.
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