Accepting a job offer - any legal standing?
Accepting a job offer - any legal standing?
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aclivity

Original Poster:

4,072 posts

217 months

Monday 1st August 2011
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I've been offered a role that I am about to formally accept, but I have also got a couple of other applications still "live". One of the other roles I have applied for in particular is a better job, more money, prospects etc. but as they are slightly behind on the process there is no chance of hanging around with my current offer to make them wait.

If I accept the offer in writing, then am offered another role, is there any breach of contract if I subsequently decline this offer?

I know that once I have started I will have a probationary period with 1 weeks notice, but it may be that the other role comes up before I actually start?

DS3R

13,248 posts

195 months

Monday 1st August 2011
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Just tell the other lot to pull their finger out...

mrmr96

13,736 posts

233 months

Monday 1st August 2011
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My advice would be to look after number 1.

If you start a job and the employer realises hiring you was a mistake you can bet you'd be out on your arse. It's what the probation period is for.
Works both ways, if you take a job and it's not what you were led to beleive it would be then you can walk too. They are unlikly to persue you for anything, so I wouldn't worry too much. Oh, and don't ever expect to work for that company ever again, but you knew that bit. wink

essayer

10,410 posts

223 months

Monday 1st August 2011
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Accept it "subject to contract".

String it out as long as you can while the other opportunity sorts itself out..

However, people talk and you might be "remembered" especially if the role is direct (not via an agent). So, try not to annoy anyone!

GeraldSmith

6,887 posts

246 months

Monday 1st August 2011
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If you accept an offer then change your mind any employer is going to be pretty pissed off with you. They will have told other candidates they've been unsuccessful and may have significant costs to start the process again. Morally it's a st thing to do, everyone wants their employer to treat them decently, well it's a two way thing. But legally you are likely to get away with it.

mrmr96

13,736 posts

233 months

Monday 1st August 2011
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GeraldSmith said:
If you accept an offer then change your mind any employer is going to be pretty pissed off with you. They will have told other candidates they've been unsuccessful and may have significant costs to start the process again. Morally it's a st thing to do, everyone wants their employer to treat them decently, well it's a two way thing. But legally you are likely to get away with it.
If he dicks them over then they are no longer his employer.

You think the company wouldn't ditch you when redundancies come around. st is a two way street too. frown

GeraldSmith

6,887 posts

246 months

Monday 1st August 2011
quotequote all
mrmr96 said:
If he dicks them over then they are no longer his employer.

You think the company wouldn't ditch you when redundancies come around. st is a two way street too. frown
They are no longer his employer but they may be in the same industry, the HR person may be the HR person at the next company he applies to in a few years, it's amazing how small a world it often is.

As for redundancies, most people are not callous bds, making someone redundant is a very tough thing to do and for every person who can do it without a second thought there are ten or a hundred who find it very stressful and very hard to do. Employers are people too but sometimes you have to cut costs otherwise everyone will end up out of a job.

Marf

22,907 posts

270 months

Monday 1st August 2011
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After being made redundant in November 08 I found myself in this situation.

Started a job on the 8th of December having also attended an interview for a better, higher paid role a couple of weeks previous.

3 days later I get a call from employment agency offering the better job which I accepted.

New employer was frustrated but understood my position, esp considering the role was 25% higher paid. As others have said you have to look out for number one.

I offered to work until the 19th of December and they were happy with that. I suppose they could have made me work my notice, not really sure.



aclivity

Original Poster:

4,072 posts

217 months

Monday 1st August 2011
quotequote all
Thanks for the comments, lots of food for thought here. I think I am with Gerald on this - at least in terms of the morality of the situation.

If the other job makes an offer and it's massively better conditions, I may have to consider my actions, and do so carefully based on my moral and ethical situation. It may not even come to that though, so in the most likely situation I have given my word and I will stand by it.

I also agree with Gerald about making people redundant - this is my third redundancy (the first was compulsory, 2 voluntary) and I have also made people redundant, and I have been both a union and a staff representative for other people being made redundant, so I have quite a lot of experience in the subject. In all my experience, though, no-one has ever enjoyed making another person redundant, it would show latent sociopathic tendencies if they did, I think. The worst I have seen is a manager who basically hid from the staff he was making redundant - and this was not because he was uncaring, it was in fact the opposite, he cared too much and could not face the other person. He was wrong to hide away, that's true, but it was not driven by lack of feeling.