Withdrawal of job offer?

Metranil_Vavin

Just a hypothetical question.

If you have been offered a job, accepted it and signed a contract, is the employer legally allowed to withdraw it based on a slow down of business?

All references have been checked and are fine btw.

Thanks.

SarEl

A non-hypothethetical answer - yes.

Metranil_Vavin

Great.

Do they have to pay you for the notice period?

planning303

I thought that once you sign the contract of employment it stops being a provisional job offer that can simply be withdrawn and becomes official. so any withdrawal would actually be them sacking you due to a slow of business and as you say they would need to pay you for your notice period.

Quite a lot of contracts do have a clause that will be something like, 3 months notice period, post a completion of a successful probation period of 3 months (and any time within that they can get rid with only a weeks notice)

SarEl

Metranil_Vavin wrote: »

Great.

Do they have to pay you for the notice period?

I guess it isn't that hypothetical then?

Whether they have to pay notice depends on contractual details and when they "serve notice". Statutory notice at this stage is nil - so if your notice period is statutory then no. If your notice is contractual then it depends what portion of the period of notice would have been paid. If, for example, your notice period is one month, and you were due to start the new job in five weeks time, then no notice pay is due because that is more than a month away. If it is two weeks from the date you were due to start, then technically you may sue them for the months notice less the two weeks under breach of contract.

Metranil_Vavin

It is hypothetical as it hasn't happened yet.

It's just something that could happen though so just wanted to find out what the deal is.

Thanks for the advice.

Uncertain

This is generally an inherent risk in changing jobs.

Obviously it is possible to protect yourself to some extent if you are in a position to have any real say about the content of your contract. This can (indeed should) happen if you are "head hunted' and are leaving a relatively secure position. In such circumstances it is possible to agree things like minimum periods of employment, extensive notice of termination or simply a "golden hello".

However, if you are simply applying for a job which could have gone to a number of similarly qualified applicants then it is generally take it or leave it on the terms offered.