Changed mind after signing employment contract

[walestelesales]

I agreed a new BD role and signed for a start date of 26th August, however, I no longer feel the role is the right fit for me. Notice period within probabtion period is 8 weeks. Ive emailed them as of yesterday and await a response.

How likely is it that the would be employer would sue for breach of contract?

Thanks in advance.

 

[fisicx]

Depends on what it says in the contract. I’d have thought they will be extremely upset and require you to start work on 26th and leave 8 weeks later once they have found a replacement.

 

[walestelesales]

Depends on what it says in the contract. I’d have thought they will be extremely upset and require you to start work on 26th and leave 8 weeks later once they have found a replacement.

Would they really want someone to start, that doesn't want to be there? Worst case I'll do that. Thought it was best to be honest with them.

 

[walestelesales]

Would they really want someone to start, that doesn't want to be there? Worst case I'll do that. Thought it was best to be honest with them.

Double checked, 4 weeks notice required

 

[Mark T Jones]

Realistically the chances are they will do nothing except complain that you've wasted their time.

If you went through an agency, the feedback won't be positive!

 

[Porky]

Its annoying as hell for the new company as probably arranged onboarding and setting everything up ready for you, not to mention time and money lost advertising and selecting you over other applicants for the job.

However, whilst contractually in effect you would be starting and give immediate notice I can't see them enforcing it, more hassle than its worth and most likely accept you are not joining them.

I would add however, please think in future - you know its tough for companies at the moment, it costs money to advertise jobs, costs money to onboard, train you, not to mention time lost as they now have to start the process again. Next time be sure before you accept anything.

 

[pentel]

Are you currently employed? If not is the intention to stay where you are working?

In either case now would be a good time to let the company making the offer know that you wont be starting with them. I would appreciate knowing now rather than be left dangling. Yes there may be some costs to the company, but better to know now rather than you start and leave 4 weeks later.

 

[WaveJumper]

It is what it is and obviously they are not going to be pleased as others have pointed out (and having been the person writing cheques for recruitment and training) I can quite understand how annoyed they might be, but in their position I might be think, close call we dodge a bullet with this one.

Going forward I think you need to sit down and carefully think about what it is you really want and why before jumping in with both feet.

Best of luck with whatever you decide for the future

 

[eteb3]

until they or you have received a benefit under the contract, there is no contract. So until you’ve worked for them for an hour (say) you can walk off without worrying about legal consequences. (There may be other consequences, as others have said)

If you’ve had an advance of wages or similar, you’re in a different position.

 

[MikeJ]

until they or you have received a benefit under the contract, there is no contract. So until you’ve worked for them for an hour (say) you can walk off without worrying about legal consequences. (There may be other consequences, as others have said)

If you’ve had an advance of wages or similar, you’re in a different position.

Pretty sure that's not correct.

 

[JEREMY HAWKE]

I know that they have better things to do than chase after you for a few peanuts
Dont worry about it them taking is of no benefit to their business

 

[eteb3]

Pretty sure that's not correct.

What consideration has passed between the parties before the employee has done some work?

 

[MikeJ]

That's not the point. A promise to pay for something in the future is sufficient for a contract to be performed.

 

[Newchodge]

until they or you have received a benefit under the contract, there is no contract. So until you’ve worked for them for an hour (say) you can walk off without worrying about legal consequences. (There may be other consequences, as others have said)

If you’ve had an advance of wages or similar, you’re in a different position.

If an employer offers a job to a potential employee and they accept, if the employer then withdraws he offer they have to pay compensation if the potential employee has suffered a loss. Similarly, in this situation the employer could sue for compensation for losses incurred. Usually it would be limited to statutory or contractual notice.

 

[Newchodge]

until they or you have received a benefit under the contract, there is no contract. So until you’ve worked for them for an hour (say) you can walk off without worrying about legal consequences. (There may be other consequences, as others have said)

If you’ve had an advance of wages or similar, you’re in a different position.

Consideration does not have to have been given, it just has to be part of the contract.

 

[eteb3]

Consideration does not have to have been given, it just has to be part of the contract.

Glad to learn that one!

 

[eteb3]

would the notice period apply as well? So if the job starts in 3mo time, and I give 8 weeks notice as required, I can exit the contract even though work hasn’t begun?

 

[Newchodge]

would the notice period apply as well? So if the job starts in 3mo time, and I give 8 weeks notice as required, I can exit the contract even though work hasn’t begun?

I would think so.

 

[Paul Norman]

As a general sum up:

1. Legally, they could sue you for breach of contract. The damages would be finite, and relate to actual costs incurred

2. Practically, it is fairly unlikely they could be bothered with the further admin of actually doing that.

 

[Jeff FV]

Does it also work the other way round?

Ie, Let’s say I am offered a job today (20th Aug) to start on 1st Sep. Job has one month notice period (ie, if I wanted to quit on 1st Jan, I’d need to give notice on 1st Dec)

For some reason, company changes it mind and withdraws job offer on, say 25th Aug, company would have to pay me a months wages in lieu?

All hypothetical, just curious

 

[Newchodge]

Does it also work the other way round?

Ie, Let’s say I am offered a job today (20th Aug) to start on 1st Sep. Job has one month notice period (ie, if I wanted to quit on 1st Jan, I’d need to give notice on 1st Dec)

For some reason, company changes it mind and withdraws job offer on, say 25th Aug, company would have to pay me a months wages in lieu?

All hypothetical, just curious

If you have suffered a loss due to their breach of contract, yes. You have given notice and can't get your old job back. You have given notice on your flat lease, so will have to move to new premises, etc.