To accept a different job after signing contract for another?

[Lassolarry1980]

I accepted a job offer. Due to start in 2 weeks. Contract signed.

But yesterday afternoon I discovered that a job I had gone for and been interviewed for before signing the contract - would like to offer me a job. It’s absolutely perfect.

Am I legally able to? Given I have signed a contract but not due to start in two weeks? Yes i would piss them off but the second option is flexible, family friendly and works so much better with single parenting

Many thanks

You’ve signed a contract so you’re obligated to take up that position. Could you renege? Yes and they probably wouldn’t pursue it, but it would create an awful lot of ill will. I suppose it depends on how big your industry is and who knows who as to whether it might come back to you in the future.
Having said that, I would go for the role that’s just come up as it sounds much more suited.

What's the notice period on your contract? You could serve notice?

It's better that you are honest with them now. Would they really want you to work your notice and train you up etc if you are leaving in one month or whatever your notice period is?

I think you’ve got to do what’s right for you ultimately. Have a chat with the contracted employer and explain the situation. If it’s all still recent they could probably go back to previous applicants.

Give notice today to the company you signed the contract with, and you will be completely fine unless you're talking about the sort of job where you are paid enough to have lawyers answer this question for you not mumsnet.

It is theoretically possible for the company to pursue you for the damage they have incurred by you not working for the rest of your notice period (if indeed you can't because you're taking up the new job), but given that you're a new employee who would likely be a drain on the company in the first couple of weeks this is extremely unlikely.

It's very unlikely to cause ill-will, other than to the sort of hiring managers you do not want to work with, ones who care more about their own personal workload than the happiness and right-fit-ness of their employees.

Would love to know legal position for sure
Any HR or employment lawyers out there

Notice period is one week whilst on a probationary period of 6 months

I’d be absolutely honest

I’m a single parent
And second job fits perfectly in every respect

Would you not be in a probation period anyway, where either side can give a short-notice period (a week?).

You can just give notice then I'd have thought. Just as if you started and turned up on the first day.

Cross-post!

You hate technically signed a contract so they could pursue your for damage caused by you breaking terms but if your notice period is just one week what would be the point of them making you work that? And if you did have to work it what difference would it really make?

So if I were you I would contact them, thank them for the offer, apologise, and say something more suitable had come up and youd rather not waste their time. You will of course work your notice period of one week if they would like you to or otherwise can they confirm in writing that they will waive this.

It depends entirely

If it's a minimum wage shop keeper job with a week's resignation period, give notice, problem fixed.

If you're a hotshot headhunted senior staff appointment where it'll come back on you legally and reputation wise, and you have a six month notice period for the accepted job, you have a problem. I've seen an occasion where a very senior guy was pursued for costs to the business to hire his replacement, but that's once in many years at a global company, but he was the CTO. I suspect it was partly driven by him leaving to do a start up a d it was so high profile it was sort of rubbing noses in it. A d the global organisation has an army of in house lawyers to keep busy.

Only you know which end of that spectrum your new job lays on.

Probation starts on the day I start work (in 2 weeks)
Not on day i signed contract

Let them know ASAP - had this not so long ago for a managers role in our organisation. Always a few weeks between job offer and start date due to statutory checks and they had a more local offer in the meantime. Fair enough, however they only let us know the day they were due to arrive that they were not taking up the post and started their preferred job the following week - so had obviously accepted it sometime before. There was a second very appointable candidate - very little between them who we would have been more than happy to appoint but by the time we were able to go back to them they too had secured and alternative post and we had to start the whole 3 recruitment process again. Not to mention the time put into organising their induction, systems sign ons and mandatory training.

So you are not even breaking the contract in any way, just give them notice, and accept your preferred job, you've even got a few days where you can make sure the new job is good with only a weeks notice.

Unless there's a no-show clause in the contract, but it's unlikely a no-show clause would be legal again unless you are in a very senior role, where specific skills on a specific day that only you could provide is possible.

Nothing will happen to you if you pull put before start date. I asked some recruitment friends about this before and was advised that as long as you havent actually started, there's little they can do or will be inclined to do. It happens all the time. Just tell them asap.

I'd just speak to them honestly, they will probably be grateful you didn't turn up and then quit immediately.

* Only you know which end of that spectrum your new job lays on.*

In the middle of the two scenarios you outline
There wouldn’t be a back lash

Go for the perfect job. They'll likely have a fall back candidate which would be easier for them to contact now than down the line. Unfortunate for them, but once you start notice is one week and your start date is two weeks away. Just explain honestly and I'm sure there will be no bad feelings.

There's no legal position, they could take back the offer themselves. Just say you've unfortunately had a change in circumstances/ childcare and need a more flexible position. Yes they will annoyed, but it's life.

You don’t owe them any loyalty.

Do you think anyone at the company would give a shiny shit if it was decided you weren’t right for the job on your first day and they gave you a week’s notice?

They will have a second choice candidate. Tell them immediately so they can offer this person the job.

No man would ever worry about this. Do what works best for you. Always.

Thank you all

Second job here I come!