Cynic Posted September 27, 2011 Share Posted September 27, 2011 Does anyone have any experience with not actually starting a new job after you have signed the employment contract? I have a relative who is in this situation as their circumstances have changed and it would be much better for them to not start a new job they have been offered. The situation is not really covered by the employment contract and it just lists a notice period of 1 month. Obviously after signing the contract you would then be in breach of contract if you didn't even start at the job. I assume though if you offer to start but almost immediately hand your notice in (which is not specifically mentioned in the employment contract) then that wouldn't be breach of contract? The assumption would be that they wouldn't then actually want her to start as it would be a waste of their time as the first month would be purely training anyway. Anyone ever been in this situation or have any knowledge about it? Link to comment Share on other sites More sharing options...
ampersand Posted September 27, 2011 Share Posted September 27, 2011 At the last company I worked we had someone who did this - we just offered the job to the next best candidate Assuming the employer hasn't incurred any costs relating to the prospective employment I can't see what the problem would be - breach of contract would only be a problem, I would have thought, if there was a loss to the employer In most cases I would have thought there would be a probationary period anyway Not sure if any of that helps though Link to comment Share on other sites More sharing options...
Obelix Posted September 27, 2011 Share Posted September 27, 2011 Unless they have forked out a referral fee to an employment agency.... Depending on the position these can be substantial. Link to comment Share on other sites More sharing options...
Cynic Posted September 27, 2011 Author Share Posted September 27, 2011 Unless they have forked out a referral fee to an employment agency.... Depending on the position these can be substantial. Usually they get their money back if it falls through. Although I don't know how that works with agency, they may try recover the money in this situation. Link to comment Share on other sites More sharing options...
barleycorn Posted September 27, 2011 Share Posted September 27, 2011 She could just turn up late then take a dump on the managers floor. Doubt they would want to keep her then. jb Link to comment Share on other sites More sharing options...
Cynic Posted September 27, 2011 Author Share Posted September 27, 2011 She could just turn up late then take a dump on the managers floor. Doubt they would want to keep her then. jb We'll call that one plan b for now! Link to comment Share on other sites More sharing options...
Cynic Posted September 27, 2011 Author Share Posted September 27, 2011 Thanks for the replies. I think we've decided the best option is to explain what has happened and offer to come in and work 1 months notice in the hope that they say no. It would be a massive waste of time for them too. If they say she doesn't have to work a notice period then she can probably just forget about it. If they try to force the issue by insisting she works her notice starting from day 1 then she will have to refuse and take a chance on any action they might try and take. Link to comment Share on other sites More sharing options...
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