Terminating an employee contract before start date to start a new contract, what are my rights?

lordnadez

I was supposed to start a role on Tuesday after serving up my months notice at my current employer. However, I received a better job offer today and took it and emailed my recruiter, informing him that I will not be taking the original job.

He told me that I would be 'in breach of contract' and the company I was supposed to go to could take legal action. However, I have officially not even started the role, my official start date is the 2nd of August. It says in my contract to give 4 weeks notice but per the GOV UK website, it states * You must give at least a week’s notice if you’ve been in your job for more than a month.*

So, could the employer take legal action against me? What are my rights here?

Jillanddy

I doubt they would but yes they could. You have said that your contract has better than statutory terms, so in law your notice period is 4 weeks not 1. I seriously doubt the employer will do anything. But it is them that has the rights here, not you.

oh_really

Inform the recruiter, in that case, you intend to start as arranged and tender a weeks notice on your first day. Do you think for a nano-second the new employer will want an individual on-site that doesn't want to be there?

Or walk in and ask for a union membership form.

Savesmartsunday

lordnadez said:

I was supposed to start a role on Tuesday after serving up my months notice at my current employer. However, I received a better job offer today and took it and emailed my recruiter, informing him that I will not be taking the original job.

He told me that I would be 'in breach of contract' and the company I was supposed to go to could take legal action. However, I have officially not even started the role, my official start date is the 2nd of August. It says in my contract to give 4 weeks notice but per the GOV UK website, it states * You must give at least a week’s notice if you’ve been in your job for more than a month.*

So, could the employer take legal action against me? What are my rights here?

You’ve not started your job, so it doesn’t apply 

Thrugelmir

The world is small. News travels. 

Jillanddy

Savesmartsunday said:

lordnadez said:

I was supposed to start a role on Tuesday after serving up my months notice at my current employer. However, I received a better job offer today and took it and emailed my recruiter, informing him that I will not be taking the original job.

He told me that I would be 'in breach of contract' and the company I was supposed to go to could take legal action. However, I have officially not even started the role, my official start date is the 2nd of August. It says in my contract to give 4 weeks notice but per the GOV UK website, it states * You must give at least a week’s notice if you’ve been in your job for more than a month.*

So, could the employer take legal action against me? What are my rights here?

You’ve not started your job, so it doesn’t apply 

Yes it does. It applies both ways. If the employer gave backword then technically they owe the employee notice pay. The payment would be nil for any days before work actually started, but they could legally claim payment for any days that should have been worked in the notice period. 

Undervalued

Savesmartsunday said:

lordnadez said:

I was supposed to start a role on Tuesday after serving up my months notice at my current employer. However, I received a better job offer today and took it and emailed my recruiter, informing him that I will not be taking the original job.

He told me that I would be 'in breach of contract' and the company I was supposed to go to could take legal action. However, I have officially not even started the role, my official start date is the 2nd of August. It says in my contract to give 4 weeks notice but per the GOV UK website, it states * You must give at least a week’s notice if you’ve been in your job for more than a month.*

So, could the employer take legal action against me? What are my rights here?

You’ve not started your job, so it doesn’t apply 

That is completely wrong. A contract has been formed and the employer has a legal claim against the prospective employee for any losses they suffer if the employee fails to honour it. 

Whether they would actually pursue it is another matter but in certain circumstances some would.

74jax

Savesmartsunday said:

lordnadez said:

I was supposed to start a role on Tuesday after serving up my months notice at my current employer. However, I received a better job offer today and took it and emailed my recruiter, informing him that I will not be taking the original job.

He told me that I would be 'in breach of contract' and the company I was supposed to go to could take legal action. However, I have officially not even started the role, my official start date is the 2nd of August. It says in my contract to give 4 weeks notice but per the GOV UK website, it states * You must give at least a week’s notice if you’ve been in your job for more than a month.*

So, could the employer take legal action against me? What are my rights here?

You’ve not started your job, so it doesn’t apply 

If the op has signed the contract of course it applies!

This is completely wrong information and very misleading. 

BrassicWoman

oh_really said:

Or walk in and ask for a union membership form.

Unions aren't as terrifying to employers as you think. Everywhere I have worked has the union along to induction to do sign ups. It makes negotiating terms MUCH easier. Sorry you're working in a retro environment.

TBagpuss

oh_really said:

Inform the recruiter, in that case, you intend to start as arranged and tender a weeks notice on your first day. Do you think for a nano-second the new employer will want an individual on-site that doesn't want to be there?

Or walk in and ask for a union membership form.

They probably won't want an employee who doesn't want to be there and would leave in 4 weeks, but they will be pretty annoyed at being left in the lurch and the recruiter is likely to be annoyed as in these circumstances they are unlikely to get paid.

The recruiter is correct that you are in breach of contract and the employer could potentially pursue you for their losses - e.g. the cost of getting a temp in for 4 weeks . However, unless you hear from the employer that they are seeking to pursue it don't worry to much. 

Sandtree

lordnadez said:

He told me that I would be 'in breach of contract' and the company I was supposed to go to could take legal action. However, I have officially not even started the role, my official start date is the 2nd of August. It says in my contract to give 4 weeks notice but per the GOV UK website, it states * You must give at least a week’s notice if you’ve been in your job for more than a month.

A notice period is supposed to be a good thing, employers cannot get rid of you instantly, and so the government website states the legal minimum... a contract can increase it to any higher number they just cant reduce it below the minimum.

So as others have said, you legally need to give the 4 weeks notice and work them if you do not want to be in breach of contract. Chances of them doing anything? Fairly low... chances of you ever working for them in the future? A lot lower.