Help Re: Backing out of a job offer
Help Re: Backing out of a job offer
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Speed Badger

Original Poster:

3,702 posts

146 months

Sunday 5th February 2017
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Hi all, I need some help from you all regarding a bit of a pickle I'm in,I'll try and keep it brief but happy to provide additional info if needed.

I live in Kent and have recently accepted an ok job offer for a position in London. The contract is signed and a start date arranged in the coming weeks. I have also just been offered a job down in Kent, not far from me at a place I've been trying to get a job at for ages. The money is more or less the same, but I will save £490 a month on train fares as it's just a quick blast down the M20.

How can I get out of the first job? I feel really bad for them, but I've not long had a daughter and I have to do what's right for me and mine, and this will mean more income, less time travelling and doing a job I would prefer.

Please help, as I'm feeling trapped and have been googling contract law etc, and my contract states I must stay with them for a minimum of 6 months. I haven't actually started yet, but have signed.

Actual

1,713 posts

135 months

Sunday 5th February 2017
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Read your whole contract carefully as most employment contracts allow for a probationary period where either side can terminate within the first 1 week or month or a few months for any reason. This can be a big risk when changing jobs.

If they can terminate then you have the same right regardless of what is written.

If there is no probationary period then just explain the situation to them as sensibly as you can and even if annoyed they won't want you to start if you don't want to be there.

Good luck.

parabolica

7,008 posts

213 months

Sunday 5th February 2017
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Contact them ASAP and explain the situation, and confirm that you are declining their offer (assuming all the other pre-employment checks have been completed for the local job). You are under no obligation with them if you have not yet started employment with them, even if a start date is arranged, therefore employment protection/law does not come into it. Yes, there is a risk they will be upset but they'll get over it and find someone else.

I used to work in recruiting/HR for a large multi-national; trust me, this happens a lot more often than people think and it's not as big a deal as people make it sound. You have to look after #1.

rog007

5,828 posts

253 months

Sunday 5th February 2017
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As already mentioned, if the new role is signed and sealed simply write a polite letter declining the original role.

Good for your confidence that you've secured two roles in short succession so well done!

CAPP0

20,839 posts

232 months

Sunday 5th February 2017
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What line of work are you in and where is this place in Kent that pays similar money to London? scratchchin

(Serious question!!)

Countdown

49,249 posts

225 months

Sunday 5th February 2017
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Speed Badger said:
Hi all, I need some help from you all regarding a bit of a pickle I'm in,I'll try and keep it brief but happy to provide additional info if needed.

I live in Kent and have recently accepted an ok job offer for a position in London. The contract is signed and a start date arranged in the coming weeks. I have also just been offered a job down in Kent, not far from me at a place I've been trying to get a job at for ages. The money is more or less the same, but I will save £490 a month on train fares as it's just a quick blast down the M20.

How can I get out of the first job? I feel really bad for them, but I've not long had a daughter and I have to do what's right for me and mine, and this will mean more income, less time travelling and doing a job I would prefer.

Please help, as I'm feeling trapped and have been googling contract law etc, and my contract states I must stay with them for a minimum of 6 months. I haven't actually started yet, but have signed.
It's annoying for the Employer but it happens more often than you think, mainly because when people are applying for jobs they have several irons in the fire at the same time. Be apologetic, explain the situation, and a decent employer will understand. If they start getting ar5ey then they probably weren't going to be a great employer anyway.

Speed Badger

Original Poster:

3,702 posts

146 months

Sunday 5th February 2017
quotequote all
Thanks for all your replies, it's made me feel much better and far less trapped!

I read through my contract and it says this:

2.4 You may end your employment with (redacted) at any time either during the probationary period, or at its end, should you wish to do so.

2.5 Where either (redacted) or you decide to end employment during the probationary period, then no notice is required from either party where service is less than a month; where more than one month’s service has been served, then the notice provisions in Clause 11 do not apply and one week’s notice shall be provided by either party, except where gross misconduct occurs, where (redacted) may terminate employment without notice.

2.6 If you or (redacted) end the probationary period before the prescribed end date, neither party will attract any liability for the balance of the probationary period not worked.

To answer the question above re: London vs Kent, the London job is a lower level role in a similar organisation, the Kent is a higher level role, so they even out roughly money-wise.

parabolica

7,008 posts

213 months

Sunday 5th February 2017
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FWIW None of those T&Cs are in effect yet (doesn't become effective until your first day at work) so don't feel constrained bu them. Good luck with your new role.