Job offer and resignation

gazza1591

Hi all

Went for a new job last week and was offered it on Thursday I'm currently a CNC machine setter operator and the new jobs the same.

Now the new employer have offered me The job and sent me an email with a job offer for me to sign and return back to them they have signed it all ready is it safe to leave my current job with only this offer letter and not a contract signed?

Then next issue is I have been at my current place for 5 years 4 months, I thought my contract said I. Need to give 4 weeks notice so told new employers this as start date, but just found my contract and it states I need to give one weeks notice for each complete year after 5 years plus employment, so I need to give 5 weeks notice. I know the new employer won't be to happy with another week delay as they were desperate for. Me to. Start ASAP

So if I give my current employer who are a big company have factories and office all over the world only 4 weeks notice what's the likely outcome of the missing week? They will just not pay me for it take me. To court over it etc etc?

Cheers

Sncjw

I wouldn!!!8217;t say your job is safe until you sign a contract. Could you take the last week as a holiday if you have any holiday left at your current job.

[Deleted User]

Could be loss of reference and no return if new job doesn't work out say. Both are more serious then being sued.

Burning bridges is last resort.

gazza1591

Cheers both

So a job offer letter is not legally binding then?

Lioness_Twinkletoes

I have heard of job offers being revoked after the contracts have been signed - the employer has simply paid 1 weeks notice. When I am offered a new job, I resign once I have received the unconditional job offer - this means references have been obtained and any medical checks passed.

In respect of your notice you have the following options:

Use any remaining annual leave
Ask your current employer nicely if you can leave after 4 weeks notice
Tell your new employer you can't actually start for 5 weeks.

It is highly unlikely the old employer will sue for that one week, but it could impact on any future references. Given that most places want 2 references from the most recent employers this could be something that comes back to bite you on the @rse for a long time.

gazza1591

Ah ok so in theory the job offer should be good enough then till contract has been signed

anamenottaken

There is no real difference between getting an offer they have signed and you are asked to sign to accept and getting a signed contract document. In employment law, an employer only need give you written particulars (not signed by anyone) within a month of your starting with them.

Is the offer described as conditional upon receipt of satisfactory references? If so, have they got them? Any other condition?

Also do check the written particulars/contract/staff handbook for your current job. Though it is the law that an employer would have to give you five weeks' notice to terminate your employment after you have been employed for five complete years, the notice an employee has to give by statute is one week. Contracts can increase this notice requirement but do check the actual wording of your contract because some employers acknowledge the increase they have to give (up to 12 weeks maximum as statutory) but do not impose the same on employees. So see if it is mutual.

gazza1591

The offer doesn't state conditional or anything and they haven't asked for any reference as on my CV it states references available on request.

Will see what the actual wording. On the cv says about notice I'm reading it that it should be 5 weeks I need to give they do owe me 3 days holiday still so may be able to use that for the last week

Op89

I was required to give 6 weeks notice however it was negotiated down to 4 weeks. Your employer might be able to let you leave early if you ask.

Takeaway_Addict

Firstly check that you are not misreading your employers notice to you which after 4 years goes up one week a year until it hits 12 weeks.

But if you do have to give 5 weeks then honour it, you'd expect your employer to do the same in return.

gazza1591

The contract does state 4 weeks notice up to 5 years service and 5 years and above a week per year, but I'm just wondering now as I have onky done 5 years and 4 months if I. Will. Still only have to give 4 weeks?