Signed contract for job but don’t want it

[Dahlingg]

Contract has a 3 month notice period. I haven’t started yet. Will I have to work for them for 3 months before leaving? 😭

[Keepitonthedownlow]

I don't think so, I can't see how that could be enforceable.

[Dahlingg]

I hope not but aren’t contracts legally binding?

[Twizbe]

They are and they aren't.

If you've changed your mind and haven't started yet I doubt they'd hold you to a 3 months notice period. There would be no point. What would you do for three months? Better they spend that time hiring someone else.

[Keepitonthedownlow]

What does it say in the contract? What are the penalties if you don't adhere to 3 months?

[Pyewhacket]

Consult a solicitor.

[Dahlingg]

It just says “if you wish to severe your employment with us you are required to give 3 calendar months notice…”

[bibliomania]

Just tell them you can't do it. I wouldn't worry too much about the strict letter of the law - realistically, they can hardly force you. The sooner you tell them, the better - it gives them a chance to follow up with their next choice of candidate.

[anniegun]

Technically they could sue you for losses incurred because you breached your contract. These could include additional recruitment costs. However they will probably not go this far and it would be better for them if you did not start at all rather than hand in your notice and work for 3 months

[Dartsplayer]

We have to give a 3 month notice period but that only kicks in once you have passed your 6 month probation period. During probation its a week either side. Does it not say anything about the probation period?

[Dahlingg]

Ah @Dartsplayer you are a lifesaver, thank you it does yes. During the 6 month probation period notice will be one week for either party. I assume that means for me and the company? So the start date for the job is the 1st June. That means I can’t be expected to pay any costs if I change my mind now?

[Keepitonthedownlow]

It's not worth their time pursuing costs, just tell them asap.

[Dahlingg]

Or does notice period not start until your start date. i.e. I would have to start on 1st and work until 6th? I have autism so it can make me spiral a bit and worry about things other people don’t worry about. 😥

[maxelly]

If you tell them now, there is no way they will go after you for breach of contract, they won't incur any extra costs compared to if you resigned on 1st June and worked until the 7th, it's very rare indeed for a company to sue an individual for this in any case (usually only where for instance someone has worked there a long time and just walks out leaving the company totally in the lurch and they lose business or clients as a result), please don't worry about this...

[WineIsAFruitRight]

As a hiring manager I've had people who have signed contracts not start and we've never upheld the notice period / probation notice period. It would be a complete waste of everyone's time. Your contract will only be effective from the start date anyway so if you quit before you won't breach it.

What I would do it do then the courtesy of telling them now you don't intend to start.

[Dahlingg]

Thank you @maxelly. Could they in theory go after me for breach of contract though? If I give notice before my start date.

[Dahlingg]

@anniegun

Technically they could sue you for losses incurred because you breached your contract. These could include additional recruitment costs. However they will probably not go this far and it would be better for them if you did not start at all rather than hand in your notice and work for 3 months

What loses could they sue me for? Would it just be for recruitment costs? Or would it be for salary during my notice period?

[maxelly]

Basically, no. If we are being strictly speaking 100% accurate, they can try to sue you, but they won't win. In theory I can put a court case in against you in the county or small claims court, saying that you promised to send me 100 pink elephants by the 20th May and you haven't done so, putting you in breach of contract and causing the total collapse of my Flying Pig Circus business - but of course I would have to prove that (a) a contract for the delivery of the elephants exists and you agreed to it (b) it contains/implies that term (c) you are in breach of that term (d) there's no other clause or circumstance that explains/justifies the breach and (e) I have financial losses caused by the failure to deliver the pink elephants. I'd obviously fail on the first hurdle since there's no such contract or circus as it's all a figment of my imagination and likely it would be chucked out of court at the first opportunity and I would be ordered to pay your costs if you had to come to court and for the hassle etc of me suing you for something totally vexatious (and I might be banned from suing other people due to being totally mad and wasting the court's time with pointless elephant related claims ). But in the most technical sense I have 'sued' you!

So of course if they are totally determined to be aggrieved by this I can't 100% promise they won't try and say you have some kind of obligation to them, but you would absolutely, definitely win a court case as they fail on points C and E above. The contract does exist and contain a term that you have to give them notice, but you're not in breach of it (you'll have given more than the notice required to end the contract before 1st June) and they haven't suffered any loss. And besides no-one ever bothers to sue for this kind of thing anyway. It's really not worth it, write to them now and tell them then put it entirely out of your mind, you don't need to do anything else, I promise.

[Regularsizedrudy]

Think logically, it would be no benefit for them to have someone in post for 3 months and then leave. Just tell them you can’t start. They won’t hold you to it.

[Hreengah]

Hi OP. They are almost certainly not going to hold you to this - there is also an argument that the contract has not yet been performed… legalities aside, no company in its right mind would take you on for three months knowing you are leaving.

if you’re sure about the decision, just let them know in writing it that’s easier. This sort of thing happens all the time, in fact I did it myself a few years back. They werent happy about it but honestly, a week later and nobody cares. You’ll be fine, just tell them there’s been a change of circumstances for you.

[Hreengah]

And OP I can almost guarantee they won’t sue you for anything!!!! It would be absolutely insane. They won’t have recruitment costs anyway as they are paid usually after probation and certainly after an employee starts. You are worrying too much here I promise. Once you tell them you’ll feel much better.

[WeAreTheHeroes]

@Dahlingg

Thank you @maxelly. Could they in theory go after me for breach of contract though? If I give notice before my start date.

You're not giving notice if you haven't actually started working for them and I wouldn't use that terminology as it will potentially open a can of worms. Just contact them and tell them you won't now be starting with them for personal reasons. Thank them for the opportunity and wish them well.

[AffIt]

People's circumstances change all the time and people often accept jobs that they later cannot or or will not accept, for whatever reason.

I've hired for roles within my department and it's happened once or twice - it's a bit of a pain in the bum, but it's better than somebody taking a job they realised they didn't actually want and problems arising later.

Technically - and by this, I mean by the very letter of the law - yes, they could get shirty, but it's unlikely, assuming you're not a CEO on seven figures or whatever poached from a rival firm (and if you are, my apologies).

It would cost the employer far more to pursue than it would for them to shrug their shoulders and start again.

[Hoppinggreen]

@Dahlingg

Or does notice period not start until your start date. i.e. I would have to start on 1st and work until 6th? I have autism so it can make me spiral a bit and worry about things other people don’t worry about. 😥

Yes, if you start your notice period will be a week but if you don’t start at all you shouldn’t have to work the week
it would be very silly and unusual for them to make you start work for a week if you tell them you won’t be taking the job

[Redcrayons]

We had someone take delivery of the company car, laptop, phone etc and then pull out the weekend before he was due to start. Not much we could do about that, except shrug and move on.
tell them now.

[Dahlingg]

The job isn’t crazy money although more money than I’ve ever earned (about 40K). I didn’t apply through a recruiter but direct through the website. Thanks all I feel much calmer now and have sent the email