Back out of signed employment contract

TheLearner2008

Hi there,

I have been offered a job and I have signed and returned the contract.

I have also resigned and emailed the resignation letter to my boss.

My boss indicated that if there is something they can do to keep me I must let him know.

If he can match the new salary I would actually like to stay.

Can I back out of the new job even though I have signed the employment contract?

KiKi

Yes. You simply need to email the company saying that you're no longer able to accept the role. This happens all the time, don't worry.

If they say you've signed a contract, tell them you're giving notice on the contract which, as you've not started work there yet, is 0 days.

HTH
KiKi

InsideInsurance

KiKi wrote: »

tell them you're giving notice on the contract which, as you've not started work there yet, is 0 days.

On what grounds does it become 0 days simply because you havent started working yet?

Now in practice the vast majority of employers dont pursue their employees for breach of contract if they fail to honour their notice period irrespective of if they've worked 10 years, 1 month or not even started but the statement is wrong.


Two things for the op to consider:

1) You'll probably burn the bridges with the other company and potentially "never" be able to work for them

2) You'll have a marked card with your current employer. They wont actually know if you've actually even had another offer or not and this isnt just a ploy for more money but it will prove youre willing to jump ship as soon as someone offers you more money and it will only be a matter of time before it happens again.

Personally, I would never do it. I have had staff do it to me and I have offered a few a matched salary as I needed them for a period of time or such but they were the first on the redundancy lists and last on the promotions after that.

KiKi

InsideInsurance wrote: »

On what grounds does it become 0 days simply because you havent started working yet?

Apologies if I'm wrong, but I did (do!) believe that if the contract has not yet commenced, then the notice period is 0 days. If I'm wrong, then I hold my hands up and have learnt something today!

KiKi

Claree__x

InsideInsurance wrote: »

Personally, I would never do it. I have had staff do it to me and I have offered a few a matched salary as I needed them for a period of time or such but they were the first on the redundancy lists and last on the promotions after that.

Whatever happened to these things being decided on merit?

Daedalus

KiKi wrote: »

Apologies if I'm wrong, but I did (do!) believe that if the contract has not yet commenced, then the notice period is 0 days. If I'm wrong, then I hold my hands up and have learnt something today!

KiKi

By signing your contract you agree to the terms. I doubt they state 'contract becomes enforceable from the start date'. Employers weren't born yesterday, they have a long time to perfect and cover themselves.

InsideInsurance

Claree__x wrote: »

Whatever happened to these things being decided on merit?

They are, and willing to jump ship as soon as someone offers you more money is not a good merit

TheLearner2008

InsideInsurance wrote: »

You'll have a marked card with your current employer.

I think that you have a very valid point and it is something I did not think about. I thought that my current employer would be pleased to know that I like the company culture and work and that I was just leaving because of money.

I didn't think about it the other way around that he may see me as being superficial and only after the money.

I wish I posted this question yesterday! I will be declining any offer they make

InsideInsurance

Ultimately companies are made up of individuals and not everyone shares the same views.

That is my personal view, whilst you haven't done anything "bad" it does prove that I cannot rely on the fact you will be here in 6 months time and so when looking for someone to give an "opportunity" to (which obviously helps with payrises and promotion prospects) I am likely to pick someone else to give it to etc.

I dont think it makes you look superficial but evidently your looking around for some reason and someone is always going to be able to outbid me at some point

Evidently there will be others who dont give a hoot about it and will treat you as if nothing had ever happened.

MissSarah1972

KiKi wrote: »

Apologies if I'm wrong, but I did (do!) believe that if the contract has not yet commenced, then the notice period is 0 days. If I'm wrong, then I hold my hands up and have learnt something today!

KiKi

Yes I thought there was only a legal minimum required notice if in fact you had started work for them therefore it must be zero days.

prowla

I once had a company call me on the Friday to cancel my new employment due to start with them on the Monday.