How much could I be sued for?

[Moomoomeadows]

2 months ago I accepted a job offer and signed a contract to start at the end of my 3 month notice period. I am now a month away from starting. My personal circumstances have since changed dramatically (ex DH significantly ill and won’t be able to care for DC) and so can no longer accept the job because it involves working away and I won’t have the childcare. My current job has offered to let me reverse my notice so I can stay wfh. I’m going to let them know tomorrow. How bad could this get for me? Notice period whilst in probation is a week but obviously I’ve not started yet. Managerial role.

I wouldn’t have thought you could be sued at all, but you might be better asking MNHQ to move your post to legal.

Might also be worth confirming if you’re in England or another country too.

I can't see why you'd get sued for this.

They won’t do anything. Just ring them to explain. You’re overthinking this. Hope things work out ok, sounds like you have a lot on your plate.

In England. I think I’m just worried because it’s a breach of contract and my Dad drummed it into all of us you never renegade on a contract. He was a solicitor but sadly no longer here to ask

A company can ask you to work your notice (so start with them and work notice period). In reality companies don’t do this as it’s inducting people for no point, so it’s a difficult conversation where you withdraw your acceptance of the offer and they offer to someone else.

£0

Are you in the UK? You won’t get sued for this, you just withdraw from the role, nothing more will happen.

As you’ve signed a contract then technically you owe them a weeks’ notice that you’re not joining. I can’t see that you will be sued, unless there is something specific in the contract, especially as it’s family circumstances.

I’d be very surprised if you were sued. Solicitor.

They can technically sue you I believe but its unlikely they will. They may want your to work the notice period though. You need to let them know as soon as possible as the later you leave it the more difficult it will be.

You won’t be sued.

I asked chat GPT and scared myself with the answer. I asked it to give me the maximum I could be liable for and it said something about agency fees being 15 - 25% of the salary plus a weeks notice. I can’t afford any of that.

@Brewtiful do you know what they could technically sue me for? I would feel better if I knew the worst case scenario.

They can sue you for breach of contract and make you work your notice. As I said it is unlikely they will sue you. You really do need to let them know asap though.

They won’t sue you. Worst case scenario you work for them for your notice period. They won’t want this, it’s pointless and a waste of their resources.

Look at it like this. If you started working there and handed in your notice on day 1, how much notice would you “owe” them? At the absolute most, it would be the notice period they could sue for. In the UK, you can only really sue for any actual losses incurred anyway so that couldn’t sue for more than that. And if a company took you to court, I’d be surprised if they won as no-one can force you to work somewhere.

Realistically, you telling them now you can no longer start with them is financially better for them than spending a lot inducting and training you then you deciding to quit. Whereas if it were the other way round, I.e. they withdrew the employment offer at this stage, you might be able to sue them because you will have lost earnings if you had quit a previous job you couldn’t get back (you’d likely only get the notice period which is why it wouldn’t be more the other way round).

Your dad’s advice about contracts is absolutely correct on the whole, but an employment contract is usually the exception to that rule.

I agree with the others about telling them asap - if you are polite, explain why you need to stay where you are and apologise they might even keep you on their records prepared to offer a job at a different time. If you leave it too late they definitely wouldn’t do that!

There's no worse case scenario OP.
Email them and explain that your personal circumstances have changed due to family illness and you are sorry but you won't be able to take the job. That's all. Don't over explain, don't feel like you have to solve the problem for them. Just apologise and tell them you hope they will be able to fill the role easily. Hit send and move on.
No company would ever bother suing for this. They'd gain nothing by doing so and it would cost them time and money to do it.

Contact them, explain, they're human, they'll offer it to the next person, you'll be fine. No one is going to sue you for this, it happens all the time.

You will not be sued, phone them today. Honestly you are catastrophising, I’m bad for this but this is, with respect, silly. Just call them this morning.

From a logical point of view they could potentially sue you for a weeks notice
As generally in your probation period it’s a weeks notice

very unlikely they will as you could call there bluff and offer to work which I doubt they’d want because they’d have to induct you

obviously they won’t be pleased be seriously if happens all the time they’ll be used to it

Agency fees are not payable unless someone actually starts the role and most are refundable in a set period after that anyway.
So no loss to the employer.

Just tell them (via the agency if there was one). It happens all the time. Noone ever gets sued for it.

Perhaps the ai was thinking that you might have to pay the agency the fees back if they aren’t going make them because you’ve pulled out. I’ve never heard of that happening, but might be worth reading through your contract with the agency to see if they’ve got that clause in there?

Please contact the prospective employer and explain the circumstances. I'm sure they will be fine - it's somewhat out if yoyr control.

They won’t sue you. It isn’t worth their while to get their legal team to go after you. I’ve been on the other side of this more than once when someone we’ve hired pulls out. It happens. You just offer the job to the runner-up, or worst case scenario, you readvertise.
Stop panicking, just tell them!

Agency fees wont be applicable, it’s a known risk to the agency that someone may not actually start in role and part of the contract they have with your prospective employer that the fees are only payable if you actually start and are usually at least partially refunded if you don’t stick around for a set period of time. You won’t be sued for anything.