Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Been offer new job but not sure of what to do

    Hi Everyone
    I apologise in advance if this seems like a silly question, but I need some advice/opinion as I have been out of the job seeking market for some time.

    Basically I have worked for the same company for over 20 years, but due to a takeover and potential relocation of the offices I have been looking for a new job. I have been offered a new job with a local company, they have sent me a a official offer letter detailing just the job title, annual salary and proposed start date. The offer expires in a couple of days and I am not sure what to do in terms of the job employment process. I really want to know more about the terms and conditions of the job like holidays, benefits, etc, but I guess that will be in the contract.

    My question is, if I say yes to the job offer letter, am I legally bound to them if I change my mind a few days later, what I am trying to work out is at what point is no return, because I am guessing that until I get a contract from and sign it, I cannot hand in my notice with my current employer.

    Hope that makes some sense.

    Thanks


  2. #2
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    Default Re: Been offer new job but not sure of what to do

    If you accept the offer then you have made a legally bonding contract with them.

    Make a list of what you want to ask and email them and ask. "Thank you for the offer letter. Could you let me know..... . "


  3. #3
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    Default Re: Been offer new job but not sure of what to do

    As far as I know you can walk away from most jobs without being sued for breach of contract.
    Differently if they assign you a project and you walk away half way through it, they could ask for damages.
    In your case you haven't started yet, so if you say yes, work 2 days and walk away, the worst they would do is not paying you for the 2 days.
    Better ask for t&c of employment before you start as suggested above.


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    Default Re: Been offer new job but not sure of what to do

    Quote Originally Posted by king12345 View Post
    As far as I know you can walk away from most jobs without being sued for breach of contract.
    Differently if they assign you a project and you walk away half way through it, they could ask for damages.
    In your case you haven't started yet, so if you say yes, work 2 days and walk away, the worst they would do is not paying you for the 2 days.
    Better ask for t&c of employment before you start as suggested above.
    what????????????

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    Quote Originally Posted by king12345 View Post
    As far as I know you can walk away from most jobs without being sued for breach of contract.
    Differently if they assign you a project and you walk away half way through it, they could ask for damages.
    In your case you haven't started yet, so if you say yes, work 2 days and walk away, the worst they would do is not paying you for the 2 days.
    Better ask for t&c of employment before you start as suggested above.
    Very strange advice there.


  6. #6
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    Default Re: Been offer new job but not sure of what to do

    It is a bit strange to say I could just walk away from the contract at anytime, surely the whole point of a contract is make you responsible for your employment, if that was the case I could just walk away from my current employer, but I already know I have to give a months notice.

    The advice of asking more questions and terms & conditions is a good one, I do not want to mess around a potential new employer, but also would like more information before I agree to join them. My thoughts was that even if I accept the job offer, I could still back out up and until I signed a contract, is that not right?


  7. #7
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    Default Re: Been offer new job but not sure of what to do

    They've given you a written offer, when you accept it the contract is made. Whatever documents they give later may add extra detail but apply whether you sign them or not as the contract is already in force. So ask for more details now, before accepting anything. No decent employer should mind you asking the questions you want to ask.

    This question gets asked a lot on some other forums and there's a difference between the law and what's likely to happen in practice. Once you accept this offer you are contractually bound in law, even if you haven't started the job, so if you didn't show up to start work or changed your mind you would, strictly speaking, be in breach of contract. The employer could sue you for their losses (costs) in replacing you.

    But in practice it's almost unknown for an employer to sue anyone in those circumstances, and for most jobs the additional costs to them of replacing you would be very small. It just isn't worth an employers time to sue people who change their mind after accepting a job and even if they did they'd usually be awarded very little.

    The bigger risk is that you get a reputation as unreliable and that might have a bigger impact on you. You could be really unlucky when you apply for another job and find their HR person knows the HR person at the company you walked away from!


  8. #8
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    Default Re: Been offer new job but not sure of what to do

    That is what I thought, all I want is more detail on the terms and conditions of employment in writing, nothing too complex I hope. I will contact them thanking them for the offer and asking those questions, no doubt they will have a standard set of terms they could send me. I will just be honest and upfront with them as I want to start the new job on good terms and clear understanding of what to expect. Thanks


  9. #9
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    Quote Originally Posted by renegadeimp View Post
    Very strange advice there.
    Not unusual for people to not show up on their first day.
    Also not unusual for people to walk away after a couple of days, after they don't like the job.
    When I worked in construction this happened on a daily basis and never anyone mentioned breach of contract, court for losses or similar.
    The only thing that could happen to someone who doesn't show up after having accepted the job is that they would not have another chance with that company in future.
    It's also extremely unlikely for an hr person to know another hr person from another company and talk about a particular case of no show.
    As said this happens everyday.


  10. #10
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    Quote Originally Posted by sjh2156 View Post
    Hi Everyone
    I apologise in advance if this seems like a silly question, but I need some advice/opinion as I have been out of the job seeking market for some time.

    Basically I have worked for the same company for over 20 years, but due to a takeover and potential relocation of the offices I have been looking for a new job. I have been offered a new job with a local company, they have sent me a a official offer letter detailing just the job title, annual salary and proposed start date. The offer expires in a couple of days and I am not sure what to do in terms of the job employment process. I really want to know more about the terms and conditions of the job like holidays, benefits, etc, but I guess that will be in the contract.

    My question is, if I say yes to the job offer letter, am I legally bound to them if I change my mind a few days later, what I am trying to work out is at what point is no return, because I am guessing that until I get a contract from and sign it, I cannot hand in my notice with my current employer.

    Hope that makes some sense.

    Thanks
    Look at it another way, what would your response be if you both signed a contract then turn up on your first day only for them to say "so sorry we have changed our minds" ?


  11. #11
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    Default Re: Been offer new job but not sure of what to do

    that happens all the time, the law of employment contracts are very one sided. Whe you start a job you are only obliged to give a weeks notice and the same goes for the employer (unless you agree to a different notice period inwhich case you have to stick to it but the employer doesnt). Now the contract basically offers you money in exchange for work so that limits any claim formicon either side as for losses should either of the parties then break that contract. In your case, it you said yes, I will start on the 1st oct and tehn decide you dont want to work for them you wont have actualy crystallised that contract, eevn though you both agreed to a start date. they wont have to apy you and you wont have to start. hey cat sue you for their losses because that is limited to actual work one and any other cost would have bee there regardless of whether you changed your mind or not so if an employer says you were due to start next week but you decided against doing so and we are going to sue you for a breach of contract they cant show any loss so they will lose the claim. liekwise, if they decided they didnt want you the day before you were due to start you wont have actually engaged in work so they dont have to pay you.



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