Handing in notice before signing new contract

mrkds

Hi all. I am currently transitioning between jobs but I am a bit confused at what point I should hand in my notice.

I have received an unconditional offer of employment for a new job starting in October, but I have not yet received or signed a contract of employment. I have contacted their HR and they said it can take up to my start date to issue the contract. They have assured me the unconditional offer is sufficient to for me to hand in my formal resignation. However, I still don't feel comfortable handing in my notice at my current job until I have seen and signed the contract. I currently don't have anything on paper indicating the starting salary or start date (except in informal emails). Also what if there is some condition on the contract I am not happy with and only find out when it is too late? My formal notice period is quite long (3 months) although I have already informally agreed with my current boss to end at end of September, but obviously I don't want to leave this until the last minute.

I have not been in this position before, usually I get issued the new contract quickly and I hand in my formal resignation after having signed. Resigning before signing seems risky to me, even with the unconditional offer.

Any advice on how I should proceed?

Thank you!

[Deleted User]

I’ve often not received contracts of employment until I’ve been in the role for months. 

AskAsk

i would wait for the contract to come through before giving in your notice.  you can always delay the start date if the contract takes longer to come.  handing in your notice before getting the new contract is too much risk, especially in these times of covid.

Sanne

Can they send you a digital copy by email? I’ve asked for this in the past so I could hand in my notice before all signatures were in place etc.
For me it was always primarily to see all clauses - around holiday, sick pay etc.

mrkds

MarkN88 said:

I’ve often not received contracts of employment until I’ve been in the role for months. 

Is'nt that illegal?

mrkds

Thanks @Sanne and @AskAsk, for backing up my cautiousness!

@AskAsk, I could delay the start date but my new boss i quite keen for me to start asap, so I prefer not to do that is I can help it. It also leave my current employer with very short amount of time to get a replacement for me, and I want to leave them on good terms.

@Sanne, I think the contract is digital and will be signed digitally anyway, but I could ask to see a sample of the standard terms and conditions. That will make me feel a bit less nervous.

Undervalued

mrkds said:

MarkN88 said:

I’ve often not received contracts of employment until I’ve been in the role for months. 

Is'nt that illegal?

Technically an employer is required to provide a "statement of main particulars of employment" withing two months of starting but there is little if any legal redress if they don't.

A employment "contract" is not simply a piece of paper with the word contract on it. A verbal contract is just as valid (but obviously harder to prove what was agreed). All sorts of things including the job advert, offer, acceptance, employee hand book etc and even notices on the tea room wall can all form part of a "contract".

bouicca21

I know of at least one person who gave in notice ready to go to new job only to find that current circumstances meant new job no longer existed.

AskAsk

bouicca21 said:

I know of at least one person who gave in notice ready to go to new job only to find that current circumstances meant new job no longer existed.

yeah.  i heard someone said they gave in their notice on their job and even got a contract for the new job but was then told that because of covid, they are no longer wanting to employ him.  he asked his previous employer if he can stay in his job and his previous employer said they have already found someone else.  he was in a right pickle.

AskAsk

mrkds said:

Thanks @Sanne and @AskAsk, for backing up my cautiousness!

@AskAsk, I could delay the start date but my new boss i quite keen for me to start asap, so I prefer not to do that is I can help it. It also leave my current employer with very short amount of time to get a replacement for me, and I want to leave them on good terms. 

if he wants you to start ASAP, then he needs to chase their HR.  i would not risk giving in my notice until i have received the formal contract from the new employer.

Lomast

Don't get too tied up over the contract as even that offers little protection they can still change their mind just will have to pay notice period which is likely to be 2 weeks unless a senior role.
With a confirmed  unconditionally  offer I would hand my notice in