handing notice into your job etc...

Ok, as I posted the other day, ive got a new job… kinda…

Just received the offer letter through today, ready to hand notice into my current job, but ive also had another company bending over backwards to get me in for interview there (they’re coming in Saturday esp to interview me)

So, where exactly do you stand legally, if you officially accept one offer, maybe even sign the contract, but whilst your still working your one months notice for your old place, a better offer comes along?

Dont know the ‘ins & outs’, just wanted to congratulate you.

Congratulations :smiley:

You don’t say if you are a contractor or not.

Is this a permanent job? if it is there is very little that they can or would do legally. What you have to take into consideration is your obligations. And morally that’s down to you. If this other company like you and offer you a better deal do you want to work for them? You could just say sorry I’ve had a better offer. Most firms will understand that. They might even match the offer. If not, it’ll **** em off a bit, but it wont be the first time or the last. Make sure you tell them why you no longer want their role. If you’ve signed and start then you have to work your notice, again. But there is probably a probationary period in your contract. Read it and find out.

Is it through an agency? They will be pissed and will probably not look at you again. If you are a contractor and you have signed then there is very little that you can do apart from not turn up. You’ll find that there is no notice period (you have to work the contract) and that although they can give you notice you can’t. I used to add my own bit in there and say that if they can give me a week/month so can I.

Again, if you are a contractor your word is your name and if you start pulling out of contracts it quickly gets around and you’ll find you can’t work.

Hope this has helped and best of luck in your new role

Loz

Hi Steve, I work in recruitment and my understanding is…

Even if you have signed contract with a new company the clauses of that contract are not enforced until you actually commence your employment with them, hence why there is a start date included in the contract.

Technically the company could claim breach of contract but this would only realistically be for your notice period which usually is only 1 week in the first three months of employment (probation period) or 1 months notice which would be a months salary. However I have never heard of this happening as the legal costs involved would far outweigh the amount they were suing you for, and would be very hard to argue in court.

If the recruiter is telling you that this is the case and you have signed a contract and are therefore legally bound to starting employment with this company, it is for the sole purpose of scaring you into sticking with that role. You are free to look at other opportunities right up until you start work with the other company, at which point you would be bound to whatever notice periods they set out in the contract.

Hope this helps.

May I also point out the moral issues though of pulling out of an agreed contract, and the time/costs involved in recruiting you in the first place plus having to start their recruitment drive from scratch if you withdraw your acceptance. Not to mention the poor old recruiter who will lose his fee! :smiley:

I run my own design business and this has happened to me. We offered the job to a candidate and wrote letters to all the other applicants saying sorry we couldn’t offer them the job. She had to work two months notice and two days before she was due to start her company offered her a big raise to stay with them.

I was really pissed off, I had to readvertise the job and start again. I contacted the unsuccessful candidates again but most of them had since found other positions. I told the girl that I would sue her for the additional costs I had incurred, but it was really just to frighten her into paying a solicitor for advice… it really pissed me off.

Now I keep some of the candidates in reserve until somebody has started with us, (I tell them what the situation is and keep them informed).

thanks for your advice…

basically along the lines i was kinda thinking myself.

Its a design job, and never good to burn bridges, but at end of day we al have bills to pay, and if someone is only willing to offer a 6mth contract initially and a small pay increase, compared to a permanent position and a larger increase…

I have the interview tomorrow, fingers crossed :slight_smile:

Break a leg m8