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When do you quit your job after you receive a new offer?

36 replies

shouldiquit1 · 24/11/2021 06:21

Hi, sorry I know that this does not belong to AIBU but I need a few quick answers.
I have just been offered a new job at a big multinational company. The offer was confirmed in an e-mail, where they listed the job title, salary, additional benefits etc. I want to submit my resignation to my current job but I am worried that the new offer can fall through (no reason from my part why it should, I am just a worrier) and then I will be without a job. Is a job offer on an e-mail binding or should I wait to sign a contract or something like that? What do you normally do? Obviously I need to quit asap in order to serve my notice period and then start at the new company.
Thank you for reading.

OP posts:
motherofawhirlwind · 24/11/2021 08:20

I send the contract out as soon as the verbal offer is accepted so you can see the terms. The contract is offered subject to satisfactory references and checks. You're not entitled to a contract until you start the job technically, but that's no way to recruit good people in my experience!

You can have started the job but if your references turn out to be dodgy, I'll just terminate your contract and pay you notice (usually a week).

If people waited to resign until after all the checks were done we'd be waiting months. Big companies and Universities take bloody ages to respond, if at all (and Universities charge for the privilege!).

Resign once you either have a detailed email or the contract, if they send them out at point of offer.

Level75 · 24/11/2021 08:31

Agree entirely with @motherofawhirlwind.

The references can take ages. Also, most people don't want us to ask for references until they have resigned - bit of a giveaway otherwise!

LethargeMarg · 24/11/2021 09:23

In our nhs trust you are told to wait for the unconditional job offer before giving notice which comes on a letter or email once all your references etc have been checked

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Coffeetree · 24/11/2021 09:29

@Level75

From a legal perspective there's very little difference between an accepted offer and a signed contract. An offer which you've accepted creates a legal contract. It's no more difficult withdrawing from the contract versus withdrawing an accepted offer.

Unless you're expecting bad references, or have a criminal history, the checks will change nothing.

Where I work (I deal with new starters) 99% of people resign after getting the offer through. Those who ask for the contract first are always the worriers. It's a bit of a pain and delays the process and flags to me the people who may be difficult to manage.

This 1000%. An accepted offer forms a contract. It would be really awkward in my field if someone insisted on the full contract before giving notice. I mean, how on earth could you do reference checks? I would take it as a red flag.
rrhuth · 24/11/2021 12:14

Those who ask for the contract first are always the worriers. It's a bit of a pain and delays the process and flags to me the people who may be difficult to manage.

Confused in my line of work being cautious and thorough is considered an asset!

rrhuth · 24/11/2021 12:16

@LethargeMarg

In our nhs trust you are told to wait for the unconditional job offer before giving notice which comes on a letter or email once all your references etc have been checked
Yes same - the organisation itself advised me the same.
Magistera · 24/11/2021 12:19

Do not quit until you’ve signed a contract and they’ve counter signed it. Then it’s legally binding and if they withdraw the offer you can sue for compensation. Without that contract they can just withdraw the offer, leaving you unemployed and unable to claim benefits.

Spindelina · 24/11/2021 12:20

I'm NHS too and I think it is different. There's a very formal process of checks (qualifications, DBS, occupational health as well as references) and when that's all complete you get a formal unconditional offer letter. Then you hand in your notice to your old trust / health board. In my experience, you don't get an actual contract until you start the new job, but it's all based on agenda for change T&C so you know what to expect.

Magistera · 24/11/2021 12:22

An accepted offer forms a contract
It doesn’t. I was offered a job and quit my current job and was replaced. Then the offer was withdrawn, leaving me with no job. I couldn’t claim benefits because I’d purposely quit my job. I had no income for months. I defaulted on my car payments and almost lost my home. Solicitor advised that I couldn’t sue the employer who withdrew the offer because we did not have a signed legally binding contract, just a verbal and written job offer which counts for nothing in court.

Level75 · 24/11/2021 15:21

That's a sad situation @Magistera but you're wrong and your solicitor was wrong. I say this as a solicitor with 15 years' experience in employment law.

If you had a written job offer setting out the main terms in a clear fashion, that's a legally binding contract.

However, even if there was a breach (ie they weren't entitled to end the contract) there would be no point in trying to sue because you would usually have no losses recoverable in an employment tribunal. I say 'usually' because in some circumstances they may be required to pay notice. This point is a little complex but in most cases of withdrawal before commencement of employment no notice is payable.

Level75 · 24/11/2021 15:30

I know this isn't the question asked, but it might help those who are fixated on the idea of a contract providing additional protection over the offer letter.

What legal action can you take and what compensation can you expect if your employer decides to sack you after...

1 week's employment
3 months
You've passed your probation
1 year
1 year and 11.5 months?

The answer is NONE. You don't get compensation even if it's really unfair, you don't get compensation even if they followed no process and sent you a text message saying 'don't come back tomorrow'* I know that all sounds harsh but unfair dismissal rights don't kick in until (nearly) 2 years.

*they can't sack you for a discriminatory reason and must pay notice.

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