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If you verbally accept…is that legally binding…
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RedfordML
Posts: 907 Forumite


My partner has been offered a job but has seen two other roles come up that he likes the look of.
Now, due to notice periods he can’t start until September 1st, so has time but if he accepts a position verbally, what happens if he applies and gets one of the other roles - can the orginal company and job offer take any action?
I suppose with the job offer, it gives security but also, better May come along?
Thanks if you have any understanding of this situation?
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See here: https://www.acas.org.uk/if-your-job-offer-is-withdrawn#:~:text=A verbal job offer is,the job being offered
Essentially if your partner has accepted the job offer it is technically legally binding. Can the employer prove that the job offer was accepted verbally? If not then it's unlikely they'll be able to take legal action.0 -
To avoid a breach of contract claim - an employee could give notice according to the contract.0
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If offered a job, ask how long you have before accepting as you have to consider your options. Rarely will it be a case of having to say on the day, though they will have a time limitation and might want to know why.
The question is why would he prefer the other roles compared to the one being offered. Asking for the offer in writing might give the extra time, and if its something specific that makes the others appealing, can they match (e.g. if salary you can always state what you were expecting and they might have flexibility to match)0 -
RedfordML said:My partner has been offered a job but has seen two other roles come up that he likes the look of.Now, due to notice periods he can’t start until September 1st, so has time but if he accepts a position verbally, what happens if he applies and gets one of the other roles - can the orginal company and job offer take any action?I suppose with the job offer, it gives security but also, better May come along?Thanks if you have any understanding of this situation?
Unless you have found your dream job and it comes with unlimited pay and holiday then something better may always come along. You can give your notice pre-commencement just as well as you can post commencement.
Are these jobs in the same company or another one? In theory, if they've got their act together, department 2 shouldnt be interviewing or giving offers to a candidate thats already committed to start with department 1 however companies rarely have good controls on these things and when I first started in Claims I had a bidding war between Motor and PPI because both wanted to offer the job and Motor wouldnt agree with PPI to both offer the same salary.
At the end of the day if someone accepts a role then backs out no one is going to hold them to their notice. They'll have an unengaged member of staff counting down the clock that they have to onboard and train. Just be aware that your card may become marked by that company and so dont expect future applications to be received well especially if its much closer to the start date.0 -
This situation happens a lot. Even if you sign a contract it is unlikely the company would enforce it if you changed your mind before your start date.0
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It is quite common that prospective employees accept one offer and then don't start - either the current employer offers better to stay, or another job that was applied for comes through and is a better match for the individual for whatever reason.
It is not uncommon for an interview to end with "If we were to offer you this job now, what would be your reaction" or "congratulations, we are offering you the job". The response in both cases is along the lines of "I am so delighted and excited to be joining the team and can't wait to get home to break the news to my spouse / partner / best friend / Mum. I am just so happy and look forward to making a positive contribution to the future success of the team".
Any unenthusiastic answer (especially in response to the "if we were..." question) is less likely to convert that verbal comment into a firm written offer. If the employer had two candidates and one responded with delight and the second responded "well, obviously, I'd be flattered but I do have other interviews and I will await the outcome of those and then make a careful balanced decision weighing up the pros- and cons- of all the offers I receive" which candidate is the employer most likely to firm the offer for?
This is all down to emotion and the response the individuals want to hear in the room. For many jobs, the considered and balanced answer is quite likely the most appropriate for the role, but for the recruiter in the moment the excited and eager is quite likely the answer that secures the deal.0
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