New employment offer but I have already signed another one

TheLearner2008

So this question is linked to a previous question but it has changed slightly so I have started a new thread.

I have resigned at my current employer (company A) and I am currently serving my notice period. I work here until the 23rd of November.

I have signed a new contract with a new employer (company . My employment commences on the 26th of November. The notice period they give me is 7 days (during 3 month probation) and 1 month after the probation period has passed.

I have to give them 4 weeks notice and it does not stipulate whether this is only after probation period or during and after - there is no other mention of notice that I must give them.

Dilemma: I have been offered a job by another company (company C) that I want to accept - they have agreed for me to start on the 26th of Nov or the 3rd of December.

How do I proceed - what do I say do with company B?

I planned to just write a formal letter apologising for the inconvenience and say that there has been a massive change to my circumstances.

Uncertain

Just tell Company B you are not coming!

No firm in their right mind is going try and hold you to a notice period for a job you haven't started. What is their alternative? Have you start with a couple of weeks of a notice period still to run? Not really useful, cost effective or productive.

It happens all the time.

TheLearner2008

Uncertain wrote: »

Just tell Company B you are not coming!

What I planned to do - just hope that I don't get sued! I was planned to just write a format letter apologise and say there has been a massive change to my circumstances.

Uncertain

TheLearner2008 wrote: »

What I planned to do - just hope that I don't get sued! I was planned to just write a format letter apologise and say there has been a massive change to my circumstances.

There are a handful of people on this forum who just love wildly overstating the risk of being sued for failing to work notice.

Whilst this is possible under certain circumstances the employer would actually have to suffer a quantifiable loss (after deducting the saving in wages, NI etc). They would also need to take all reasonable steps to minimise their loss.

Given that you could issue notice today (which you are effectively doing by saying you are not going to start) they have some time to plan. They must realise that if they forced you to work there for two and a bit weeks you would most likely self certify as sick for a week anyway. Where would that get them!

TheLearner2008

Uncertain wrote: »

There are a handful of people on this forum who just love wildly overstating the risk of being sued for failing to work notice.

Many thanks for your advice.

Sambucus_Nigra

TheLearner2008 wrote: »

What I planned to do - just hope that I don't get sued! I was planned to just write a format letter apologise and say there has been a massive change to my circumstances.

Why would you get sued - the 26th is more than 7 days away from today anyway...

gibson123

They still have time to approach the "runner up" for the job, so the sooner you tell them the better. Good luck in your new job.

Uncertain

Sambucus_Nigra wrote: »

Why would you get sued - the 26th is more than 7 days away from today anyway...

The OP is concerned that s/he may have to give 4 weeks notice from day one even the the employer only has to give seven days.

I have to give them 4 weeks notice and it does not stipulate whether this is only after probation period or during and after - there is no other mention of notice that I must give them.

agrinnall

I'm not sure that a contract term that made you give a longer notice period than the employer would have to give to you would be regarded as fair. As it is, in this case I'd just tell them that you are no longer able to take up the position, and do it soon so that they can approach the runner up in the recruitment process if there is one.

Mistral001

Why accept a job when you were waiting for the outcome of another job application?

OK you might not get sued, but employers can talk to each other. What is to stop empoyer "B" from ringing up employer "C" and tell them about the situation. The OP might find themselves without either job.

Daedalus

Mistral001 wrote: »

Why accept a job when you were waiting for the outcome of another job application?

OK you might not get sued, but employers can talk to each other. What is to stop empoyer "B" from ringing up employer "C" and tell them about the situation. The OP might find themselves without either job.

I interview for two jobs, one on Monday the other on Wednesday.

Friday comes and I get an offer for a job. 'I have emailed you the offer I need an answer by Monday miidday or we will offer it to someone else'

I am waiting for the other interview to come back to me. It comes to 11:50, nothing, I need a job, I accept the offer I have.

The following day the other interview, the one I prefer, results in a job offer. Too late? I have already accepted the other job offer.

Yes I had the choice to forgo the bird in the hand, and hope for the one in the tree, but in reality I needed a job. The employer would no hesitate in cancelling the job if they needed to, perhaps the person who is resigning who they love and trust has changed their mind etc.


How would employer B know about employer C? You think there is a secret forum they all post names of someone who went back on a job acceptance?