Breaking Employment Contract

[epicpj]

Hi there,

 

I have recently relocated to the UK and I just signed a contract to join a company that was not my first option (I had several interviews)

 

I am due to start the role within one Week, even the working hours were more than I expected and the salary is not that good.

 

The thing is that last week I just got confirmation from the role that I was waiting where the conditions and salary are way better.

 

The question is what the implications would be of not starting the role that I signed (ie, breaking the contract and besides the moral implications), and whether there is any other way to limit the consequences (eg, I understand that not starting a job leaves me in better stead than turning up on day one and telling them that I'm leaving.)

The contract states that I have to give them 2 month notices before quitting but since the contract has not started yet I wanted to know what are the implications. My contract states that I will be on a "probationary" period for 3 months.

 

Any help would be much appreciated.

 

Thanks

Luke

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along later, but please bear with us because weekends are a little quieter here.

 

My best, HB

[becky2585]

Hi Luke

 

Does the contract provide for shorter notice during the probationary period? Have you signed and returned it?

[epicpj]

Hi becky2585,

 

Thanks for your response!

They made me read and sign the contract at their office (its a small company only 20 employees) and they will send me a copy by post.

The notice period is the same under the probationary period

[steampowered]

This is a fairly common situation. Personally I would just tell the original company as soon as possible and apologise. This kind of thing happens from time to time, its annoying but they should be able to find someone else.

 

In theory they could sue you for any loss they have suffered if you breached your contract by not giving enough notice. In reality, they would have to prove that they have suffered loss which is almost impossible to do because they could simply hire someone else instead. However, if they have incurred any other costs (e.g. paying your visa fees) your contract might require that you have to repay those.

[becky2585]

As SP has said above. If there was a problem, would your new employer put your start date back?

[ericsbrother]

You havent actually entered a contract as yet as the contract only starts on the agreed date. Tell them now that you wont be taking up the offer.

[epicpj]

Thank you for your comments and help on this!

 

In this case the employer didn't pay for any costs as visa, etc. The issue is that I just been told that I will get my other contract (the one I want and have been waiting) by Friday that will be only one working day before the one that I have signed is supposed to start so I will let them know this Friday.

 

Besides calling them, explaining the situation, etc do I need to send a formal letter or with an Email will be enough?

 

Thanks for your support!

[steampowered]

Personally, I think it would be a nice touch to call the manager and apologise over the phone. You can then follow up with a short letter or email to confirm the conversation. It often turns out that people are happier to deal with things in a conversation rather than by correspondence. If you would rather not call, I think an email is fine as long as you can be sure it will get to the right person - if in doubt send a letter.

 

I wouldn't do this until you are 100% sure that your other offer has come through. The risk of annoying the first company is less significant than the risk of the second company not following through leaving you in limbo!

 

Good luck with the new job.

[epicpj]

Hi There!

 

I wanted to let you know the good news. I finally got the contract that I wanted today and I just signed it I'm so so happy! Its really my dream job.

 

The issue is that I called the other company that I signed the contract before, explained the situation, they were really comprehensive but 10 minutes later the recruiter called me back TOTALLY mad, yelling and even I gave him the same responses he told me that he will seek advice and check if he can sue me for this or ask his customer to do so.

 

I explained him the same thing, that it's a chance that I cannot let go, more than 40% salary, managing people, huge company, career, etc even so he just hanged the phone and told me that he might sue me.

 

I told him that I was going to also write a formal email explaining this situation and why I won't be able to join them on Monday to avoid to put the recruiter in a difficult situation in front of his client.

 

My question is what should I put into the mail?, I mean what are the legal implications if I write that I had a better option/salary/career elsewhere.

 

This is my first job here on the UK and I don't want to mess it up and cannot afford to have any legal implications. I would appreciate your help here.

[Sidewinder]

Congratulations on the new job

 

Keep any communication to an absolute minimum - do not get emotive or overly apologetic. Stick to facts.

 

Any legal action they might consider would be limited to damages resulting from the breach of contract, so whilst he may shout and be angry (not to mention unprofessional as things like this do happen in business after all), he may well be best advised to drop any threat of litigation. They will have to prove that you caused them a financial loss through not working the notice - employing cover, loss of trade - actually quite difficult to quantify.

 

Personally I would just confirm the conversation, explain that you have accepted an offer elsewhere, which whilst you appreciate it may be inconvenient, is something which you did not envisage at the time that you originally accepted the role and you wish them every success in the future. Don't mention salary or details of what you are doing, just that this job offers a better fit for your particular skills, and you are sorry that you were unable to give more notice.

[epicpj]

Hi Sidewinder, thank you so much for your response and details.

 

I will write a short email as you said without giving any additional info and sticking just to the facts.

 

The thing that worries me its that I just received an SMS (like 11 pm) from the recruiter stating "I want to make you aware that I will be speaking with our lawyers first thing Monday morning as I believe there are grounds too"

 

I don't wanna get on any trouble I understand that of course the recruiter may lost his commission but I don't know what does he want to get with it.

[Sidewinder]

This 'recruiter'. Is he an agent, as in a recruitment agency? If so is he the boss, or does he just work for them? Without giving names, what sort of setup is this?

[becky2585]

If its an agency, they may have lost the finders fee for placing you in the post, but I don't see any legal grounds upon which the agency could sue.

 

The employer could sue for breach of contract, however, to recoup the agency fee (if they paid it, which I doubt given the agency rant!) and any costs associated with you not turning up for work.

 

I wouldn't engage with them further. Unless a letter before action or a claim form drops on your doorstep, there's nothing to be concerned about, but if that does happen I would seek legal advice!

[Emmzzi]

This happens to recruitment agencies on a regular basis. You cost him money, he's having a shout. You've burned your bridges with that agency obviously. It'd be rare for anything worse to happen though.

[epicpj]

Thanks for your responses here.

 

The problem and all this conflicting situation is with the recruitment agency and the recruiter itself. I also think that he is mad because like you said he will loose his placing fees and of course was in a bad position with his customer.

I just sent them a short email like sidewinder winder suggested and I hope this ends here.

The actual hiring company can sue me if they want to proceed? In what basis since the contract has not even started.

[Sidewinder]

In theory the contract starts as soon as you confirm acceptance of the job offer, and if you have agreed to a specific period of notice from Day One, then in theory at least you can be held liable for any costs incurred by the employer for a breach of that contract. As stated previously though, what they can claim is limited, and it very rarely comes to that.