13 Jul 2015

A question about : Retracting acceptance

Hi,

I recently received a job offer from a company, and accepted. They sent me an offer, and asked me to sign it to confirm my acceptance and send it back to them. The offer letter states that a standard contract of employment will be issued after 3 months, subject to a performance review. I signed the acceptance letter and returned it to them.

My current employer, on learning of my notice being handed in, made a counter-offer, which is far better.

I haven't made my mind up yet, but if I do decide to decline the job offer after accepting, can I? And are there any possible legal ramifications, as it states that I won't have an employment contract until 3 months in.

I would feel like a heel to turn it down, but I have to do what is best for my family.

Thanks in advance.

Best answers:

  • No: you are not obliged to accept the new job. The fact that they will not give you a contract on starting speaks volumes about them, and even if they did you would not have security until you had been in the job for two years.
  • Thanks for the quick reply Voyager2002, so, it doesn't matter that I have signed their offer letter and sent it back to them? And that doesn't form a contractual obligation?
  • Theoretically you should give them the correct amount of notice as if you had started work.
    However, in the absence of a contract the amount of notice you would have to give during the first month would be zero!
    Be aware though that a "contract" in employment is not simply a piece of paper with the word contract at the top. Does the offer letter make any mention of notice during the first three months? If not, then as I said above, zero applies.
  • Thanks Undervalued.
    The offer letter talks about salary, working hour, holiday entitlement. It states that the role is subject to a 3-month probationary period, with a standard contract of employment being issued after 3 months. There is no mention of notice.
    Although I did read on a .gov website that anyone in a job for under one month are not entitled to notice, so would the same apply in this situation?
  • All I would add is, in fairness to the company which has offered you the job you should let them know your change of heart as quickly as possible.
  • Let them know you have been counter offered by your cuurent employer and is there anything they can do.
    Most people end up leaving any way unless the ONLY thing that got them looking as pay.
    You have to think your current employer was happy to pay you under market rates, they will probably do the same going forward so get as much as you can this time if you plan to stay.
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