Job Offer-legally binding

Author
Discussion

Teebs

Original Poster:

4,365 posts

215 months

Thursday 27th November 2014
quotequote all
i have received a job offer sent to me by the recruiter acting on behalf of the new company. I have responded accepting the position with the pay and benefits outlined.

Do I still need to wait and sign a contract or is the email offer & acceptance legally binding?

Thanks

tuffer

8,849 posts

267 months

Thursday 27th November 2014
quotequote all
Even a signed contract does not mean a lot as they can withdraw the offer or make you redundant before you start.

anonymous-user

54 months

Thursday 27th November 2014
quotequote all
You have already made a contract, but the employer could terminate it, giving whatever notice had been agreed or may be inferred as reasonable absent agreement.

Jasper Gilder

2,166 posts

273 months

Thursday 27th November 2014
quotequote all
Chum of mine got offered a job with a Building Society, between offer and start date they restructured and dropped him a note saying he was no longer required. Legal advice said that because th econtract had not commenced, it could not be enforced. Job he didn't thus get - HR Director!!

anonymous-user

54 months

Thursday 27th November 2014
quotequote all
He should have got better advice.

Teebs

Original Poster:

4,365 posts

215 months

Thursday 27th November 2014
quotequote all
Thanks. Would the best advice be to wait until the contract arrives?

Soov535

35,829 posts

271 months

Thursday 27th November 2014
quotequote all


Do NOTHING until you have a signed agreement in your hand.


Teebs

Original Poster:

4,365 posts

215 months

Thursday 27th November 2014
quotequote all
Soov535 said:
Do NOTHING until you have a signed agreement in your hand.
Cheers

tuffer

8,849 posts

267 months

Thursday 27th November 2014
quotequote all
Teebs said:
Cheers
And that is still worth nowt, they could still pull the offer.

essayer

9,065 posts

194 months

Thursday 27th November 2014
quotequote all
Always accept "subject to contract"

anonymous-user

54 months

Thursday 27th November 2014
quotequote all
Why?

essayer

9,065 posts

194 months

Thursday 27th November 2014
quotequote all
Breadvan72 said:
Why?
To give you a get out if the contract mentions something you didn't expect or discuss?

anonymous-user

54 months

Thursday 27th November 2014
quotequote all
You seem to have an imperfect understanding of the law of contract.

Soov535

35,829 posts

271 months

Friday 28th November 2014
quotequote all
Morning Breaders.

I see you have discovered some more bush lawyering.


essayer

9,065 posts

194 months

Friday 28th November 2014
quotequote all
I also find that it gets the agents moving quicker than just saying 'yes'. I've had a few occasions where the agent dithers - perhaps dreaming of their bonus - and I find saying 'yes, provided I see the contract' gets them and the new employer moving quicker.

I certainly wouldn't ever want to resign or even start a new job without seeing the contract first, but people do..

Maybe because I do a lot of contract work and the turnaround on offers are a lot shorter than perm to perm transitions.

But yes, of course, if you don't like the contract, you don't need to sign it - or turn up to work hehe

Sheepshanks

32,752 posts

119 months

Friday 28th November 2014
quotequote all
It's a can of worms for the person changing jobs though. The major multi-national I used to work for withdrew offers to people across Europe when someone acquired us and they basically just said "hard luck". In our industry (high tech) it's not that unusual as things can change fast.

For "ordinary" jobs, we didn't get people to sign contracts until after they started - in fact I worked there for years changing roles several times and never signed one. We never paid compensation to anyone - worst case I can't imagine why we'd need to pay anything other than notice period, which for most jobs would be a month.

solo2

861 posts

147 months

Friday 28th November 2014
quotequote all
Breadvan72 said:
He should have got better advice.
I got made redunant from a position three weeks and two days in citing they were closing the branch. Advice I received was nothing could be done even if they knew before they hired me, which Management must've. Is that true? Thankfully I've secured another job but it's not as good as the one I lost as travelling time and parking costs have increased dramatically but beggars can't be choosers I guess.

anonymous-user

54 months

Friday 28th November 2014
quotequote all
Your claim would have been limited to net pay for the contractual notice period, but is not negligible if the period was, say, three months.

Teebs

Original Poster:

4,365 posts

215 months

Friday 28th November 2014
quotequote all
Interesting reading, thanks.

I've now received the conditional offer from the HR manager outlining the offer. I was always under the impression that I could now resign from my current position (when the paper contract is signed), but from reading online, it looks that it may be best to wait for the conditions to be 'met'?
(Conditions are just references, although the they've not asked for details of references yet).

Thoughts?

anonymous-user

54 months

Saturday 29th November 2014
quotequote all
A conditional offer is what it says it is. It's conditional, so wait until the conditions are fulfilled before doing anything irrevocable.