Possible job offer, what to do?

zzzLazyDaisy

DBGage wrote: »

Apparently they can take legal action or make me work the notice period.

1 They cannot 'make' you work the notice period, it is physically impossible, and UK employment law has no provisions for specific performance (in other words, even a court or tribunal cannot order someone to work their notice period).

2 If you had started working for them and then left, without giving the required notice, that would be a breach of contract. But the only way the employer could do anything about that would be to take you to court (very expensive) and even then in order to win a claim against you, they would have to prove that your leaving without giving notice caused them to incur costs over and above what your wages would have been if you had stayed. For example, you were in charge of seeing through a very lucrative contract and as a result of you leaving them in the lurch, the client pulled out and they lost the contract. Or even, they had to get agency staff in to cover your role at twice your normal salary - although even then the costs of litigating means that it is very rare that such cases ever go to court.

Note - the examples above concern established employees who leave without giving notice. Someone who hasn't even started yet, and who hasn't even signed a contract, is never going to be such an important cog in the company wheel as to result in any financial loss the the employer.

DBGage

Jox wrote: »

You haven't signed anything have you?

If on Monday the other company offer you a job with more money, you could call the first company and explain and they may up their salary offer.

If both jobs are the same salary which one would you go for?

No but the offer letter I have to return does have a place for my signature with a date.

So as long as I don't sign an employment contract I can just retract my offer/

Funky_Bold_Ribena

DBGage wrote: »

No but the offer letter I have to return does have a place for my signature with a date.

So as long as I don't sign an employment contract I can just retract my offer/

Even if you signed it in blood - you can retract - by saying 'I got a better offer, sorry'.

Are you even reading the advice given to you by the retired employment solicitor?

Daedalus

DBGage wrote: »

Apparently they can take legal action or make me work the notice period.

This is the problem. You are legally bound by a contract you sign and can only discharge it by the provisions in said contract or by a legal means. That is the law, however reality/practicality, is different. A company CAN sue someone for not giving notice and not starting, but there are little/no damages they could claim as they have to show loss and are under a duty to mitigate that loss, ie higher the runner up. So no one sues in that situation, even though they can.

It is common for people to through ignorance or ease to use "legally impossible" and "legally highly unlikely" as interchangeable.

Daedalus

Funky_Bold_Ribena wrote: »

Even if you signed it in blood - you can retract - by saying 'I got a better offer, sorry'.

Are you even reading the advice given to you by the retired employment solicitor?

The advice you are given is legally incorrect, no matter how many times you wish to repeat it.

Funky_Bold_Ribena

Daedalus wrote: »

The advice you are given is legally incorrect, no matter how many times you wish to repeat it.

And the OP is not going to be sued if they accept and then retract a contract. And they aren't going to be forced to work their notice.

Anyone saying they are is scaremongering.

Daedalus

Funky_Bold_Ribena wrote: »

And the OP is not going to be sued if they accept and then retract a contract. And they aren't going to be forced to work their notice.

Anyone saying they are is scaremongering.

No one said they are going to get sued. Probability has no bearing on your wrongness.

ValHaller

DBGage wrote: »

Apparently they can take legal action or make me work the notice period.

Yes, but what employer would waste time on you if you gave your notice before you even started? They would just retract the offer. Even if you had started for a day or 2 and you handed your notice in, they would be likely to do their best to cut you free ASAP.

DBGage

Thanks for all the advice everyone. I'll make my choice tomorrow and keep everyone posted.

Really appreciate the help.

DBGage

Good news everyone! I was also offered the other job I preferred. I had a missed call from one of the panel that interviewed me she left a voicemail and I was successful.

We start sorting things out Monday, I'll also do my retraction letter to the other place Monday.

No more signing on!!!!