Handing in notice before signing new contract

Dox

mrkds said:

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. 

'We've always done it this way....' I'm sure they have - but the decision is yours, not theirs. One of the key things you need to have in writing, apart from the remuneration package, if the notice period your new employer is required to give you. The longer the better, although obviously you want the notice you have to give them to be as short as possible.

Thrugelmir

At the very least you should expect a formal offer letter detailing pay , start date etc. This you respond to in writing as confirmation of acceptance. 

Doshwaster

Yes, I'd settle for a Letter of Appointment or similar confirmation. Company onboarding procedures vary and often the contract isn't signed until Day 1 (or sometimes even later)

Savvy_Sue

Undervalued said:

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".

I had a niggly feeling that employers were now required to provide that statement from day 1.

From https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

Written statement of employment particulars

An employer must give employees and workers a document stating the main conditions of employment when they start work. This is known as a ‘written statement of employment particulars’. It is not an employment contract.

The written statement is made up of:

• the main document (known as a ‘principal statement’)
• a wider written statement

The employer must provide the principal statement on the first day of employment and the wider written statement within 2 months of the start of employment.

Employers must tell employees or workers about any changes to the written statement. They must do this within one month of making the change.

There are special rules for agencies on documents that they need to provide to agency workers.

There's more in the original link, including what needs to go in the principal statement and what can wait two months. I was surprised how much goes into the principal, and how little is left for the rest. 

prowla

I once served 3 months notice in a job and got a call on the Friday afternoon of my last day to say the job was no longer available.

Mostly since, I have resigned from one job without having a new one to go to.

A_Lert

Remember that even with a signed contract from your new employer, if they change their mind then very little stops them from dismissing you on day one with only pay in lieu of notice! It's a risk you'll have to take.

If your current employer won't agree to a shorter notice period then you can't take this new job without walking out on your old one anyway.

Sandtree

AskAsk said:

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.

But you have a chicken and the egg issue... if its "the" contract then it has to have your start date on it and you cannot determine the start date until notice has been served unless you go for date contracts issued + 1 week for negotiations/finding a good time to speak to your boss etc + 3 months (the contractual notice period in this case). 

At the moment the OP seems to think they'll be able to leave with 1 months notice so could get the contract drawn up on that basis but then potentially is AWOL on day 1 if their current employer forces them to serve the full three months.

Given most contracts have a probationary period and your notice period during that can be as little as 2 weeks there is little extra security of having signed a contract, served your notice and on day 1 of the new job find out you are being released... ok 2 weeks it 2 weeks but you can lose offers of work by being unreasonable or creating complexity around start dates etc because you aren't willing to fix a leaving date until you've fixed a start date (which is somewhat backwards)

AskAsk

Sandtree said:

AskAsk said:

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.

But you have a chicken and the egg issue... if its "the" contract then it has to have your start date on it and you cannot determine the start date until notice has been served unless you go for date contracts issued + 1 week for negotiations/finding a good time to speak to your boss etc + 3 months (the contractual notice period in this case). 

At the moment the OP seems to think they'll be able to leave with 1 months notice so could get the contract drawn up on that basis but then potentially is AWOL on day 1 if their current employer forces them to serve the full three months.

Given most contracts have a probationary period and your notice period during that can be as little as 2 weeks there is little extra security of having signed a contract, served your notice and on day 1 of the new job find out you are being released... ok 2 weeks it 2 weeks but you can lose offers of work by being unreasonable or creating complexity around start dates etc because you aren't willing to fix a leaving date until you've fixed a start date (which is somewhat backwards)

good point about the start date.  the OP should then be given a formal offer letter and a draft contract so he can see the terms and condition of the contract.

TELLIT01

Undervalued said:

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.

I wasn't aware of that.  When I, and others, started at DWP about 15 years ago we had to chase for months (literally) to get hold of a copy of our contracts.

mrkds

Thanks for the discussion. The HR of my new employer have sent me a copy of their standard contract, which I am happy with.

I have also come across this page on employment contract on the CAB website. In particular I notice this:

If your job offer was unconditional, or you met the conditions and you’ve accepted it but it’s withdrawn it's a breach of contract. This is because there's a contract of employment as soon as an unconditional job offer has been made and accepted. You can claim compensation for breach of contract in an employment tribunal or county court.

So by accepting the unconditional offer I have effectively already signed a contract. So legally I think I am safe. I can then go ahead an formally resign (Woop! ). Ive already informally agreed an reduced notice period with my current employer so I don't anticipate a problem there.

bouicca21 and @prowla, I feel my caution is justified!

Thanks again everyone for all the advice.