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Pulling out of job after signing employment contract?
Comments
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This got me thinking.
As the OP's done, if he agrees and signs to be employed and then changes their mind (for whatever reason), can the employer actually take them to court for jeopardising their company?
I mean, presumably they got everything ready for the new employee and then got a massive blank on the day they were supposed to start.
I sure as hell wouldn't be too happy at that. Now they have to go through all the process again in finding someone else (who'll hopefully turn up).
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Yes and no.
In summary, the employee has signed the contract so then becomes bound by the notice periods stated. Typically 4 weeks.
Let's assume an offer and signed contract agreed three weeks before start date. Two weeks before start date, the individual serves 4-weeks notice. The company could hold the individual to start and do 2 weeks before leaving. in practice, that is unlikely to be happening.
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If they serve notice to end the contract then no
If they dont and simply dont turn up etc then yes, in principle the employer could sue for any losses that they have sustained as a result. In reality, for most, the average new recruit adds little value in the first month of their employment to offset the cost of recruitment, training, equipment etc.
If you are more specialist in nature its theoretically possible that they could claim your failure to serve the 3 months notice of your contract has cost them but you unlikely to be sued for millions for the delay of a product launch but instead the difference in cost of hiring a contractor to fill the position temporarily unless you are truly unique.1 -
Nothing needs to be signed. Whilst obviously easier to prove what was agreed if it is signed, legally a verbal agreement is just as binding.
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Is this the job in Bristol that you're relocating from Bournemouth for?
N. Hampshire, he/him. Octopus Intelligent Go elec / Fuse gas / Vodafone BB / iD mobile. Kirk Hill Co-op member.Economy 7 cap explainer. Gas vs E7 vs peak elec heating costs, Ecoflow Stream, Best kettle :-)
2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 37 MWh generated, long-term average 2.6 Os.0
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