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Original poster

If I accept an offer of employment is it legally binding?

41 replies

Mooshamoo · 11/04/2023 15:13

I have been offered a job. They sent me an email with a link to go to their website. When I log in there is a document "offer of employment" and the buttons accept and deny underneath.

I want to spend a couple of days thinking about whether to take this job.

My question is, if I click "accept" on the offer of employment at this stage, and then back out, and change my mind, can they sue me?

OP posts:
ReadersD1gest · 11/04/2023 15:14

Why would they bother?

13Bastards · 11/04/2023 15:16

In theory, they could make you work your notice but in practice, this never ever happens. People drop out of jobs after signing contracts all the time with no negative outcome on them at all.

Sounds like it's via an ATS so there's only accept or decline there, your recruitment contact should expect that you will want to have a think about things - have you told them this?

GreenFingersWouldBeHandy · 11/04/2023 15:16

Have they offered you a contract? Proper terms and conditions?

Original poster
Mooshamoo · 11/04/2023 15:16

On some websites online it says "as soon as you accept an offer of employment , it is legally binding "

OP posts:
Original poster
Mooshamoo · 11/04/2023 15:17

GreenFingersWouldBeHandy · 11/04/2023 15:16

Have they offered you a contract? Proper terms and conditions?

It says on the website that I will see the contract after I accept the offer

OP posts:
GreenFingersWouldBeHandy · 11/04/2023 15:17

Read through the 'offer of employment'. It might include conditions of giving notice once you accept.

Then it's totally up to you.

RJ57 · 11/04/2023 15:17

Don't click either for a couple of days until you are sure.

Also read the offer. Normally there will be a notice period in there, but that usually applies once you actually start.

I had a job offer signed and the company pulled it with 2 weeks to go and there was no recompense I was entitled to as I'd not actually started, so I suspect that would be the case the other way round too.

ReadersD1gest · 11/04/2023 15:17

Mooshamoo · 11/04/2023 15:17

It says on the website that I will see the contract after I accept the offer

Show quote history

Then don't touch it with a barge pole.

L3ThirtySeven · 11/04/2023 15:19

That doesn’t sound binding.

It’s only binding once you sign an actual contract of employment, you know with all the terms like type of contract (perm, temp, etc), place of work, salary, role, duties, etc. It would have to be ink signature or digital signature.

So buttons of “accept” or “deny” of an email that says, Congratulations, we are pleased to offer you this role of xyz with corporation of bleh please indicate your acceptance or refusal by clicking below type set up would not be binding.

Oysterbabe · 11/04/2023 15:19

Does it say how long the offer is open for? You don't need to accept instantly.

ReadersD1gest · 11/04/2023 15:20

13Bastards · 11/04/2023 15:16

In theory, they could make you work your notice but in practice, this never ever happens. People drop out of jobs after signing contracts all the time with no negative outcome on them at all.

Sounds like it's via an ATS so there's only accept or decline there, your recruitment contact should expect that you will want to have a think about things - have you told them this?

Of course it never happens. Who would think paying someone who doesn't want to work there for two weeks to a couple of months would be in any way advantageous?

13Bastards · 11/04/2023 15:20

Yeah that's very strange that you have to accept @Mooshamoo, no where else in life do you sign contracts before seeing them.

Are you sure? I know candidates get confused by our contract portal all the time, have you checked with someone at the company?

13Bastards · 11/04/2023 15:21

Well exactly, @ReadersD1gest that's why it never happens! Would be a huge waste of everyone's time and efforts for nothing

Original poster
Mooshamoo · 11/04/2023 15:22

13Bastards · 11/04/2023 15:20

Yeah that's very strange that you have to accept @Mooshamoo, no where else in life do you sign contracts before seeing them.

Are you sure? I know candidates get confused by our contract portal all the time, have you checked with someone at the company?

Before I click accept, It shows me a letter of an offer of employment with the basic terms information about the job: the salary and hours.

It says "after you click accept , you will have access to our portal where you can see your contract"

OP posts:
L3ThirtySeven · 11/04/2023 15:23

13Bastards · 11/04/2023 15:20

Yeah that's very strange that you have to accept @Mooshamoo, no where else in life do you sign contracts before seeing them.

Are you sure? I know candidates get confused by our contract portal all the time, have you checked with someone at the company?

That’s because you cannot legally sign a contract you haven’t seen! If you do accidentally or are tricked into signing a contract you haven’t seen, it’s not legally binding.

But sometimes companies want to know if you accept an offer provisionally before they send you the actual contract to review and sign (or link to digital portal with the contract). It’s an extra step that some companies find saves time in the long run if they have candidates that turn down offers…makes it easier to offer to next in line.

13Bastards · 11/04/2023 15:24

Yeah that's suss to me ( a head of recruitment btw) I would be emailing your contact at the company and checking that they have set the portal up right, and if so you're not going to be the first person I expect who has asked to see a contract before signing.

ReadersD1gest · 11/04/2023 15:24

Mooshamoo · 11/04/2023 15:22

Before I click accept, It shows me a letter of an offer of employment with the basic terms information about the job: the salary and hours.

It says "after you click accept , you will have access to our portal where you can see your contract"

Show quote history

But all relevant information has already been disclosed?

Original poster
Mooshamoo · 11/04/2023 15:34

ReadersD1gest · 11/04/2023 15:24

But all relevant information has already been disclosed?

Show quote history

I don't think all relevant information has been disclosed. I can just see my hours and salary in the offer of employment.

I can't see things like: how much notice I would have to give if I want to leave the job, or anything like that. They could spring on me that I have to give them two months notice if I want to leave.

Sure, they could put anything else in the terms and conditions of the contract.

OP posts:
Original poster
Mooshamoo · 11/04/2023 15:37

In the offer of employment letter, it literally just says one line about salary.

Then it says : "full details of your conditions of employment, including hours, pay, themes and conditions are located in your contract which is on our portal".

Which can't be accessed until after I click accept.

OP posts:
Original poster
Mooshamoo · 11/04/2023 15:37
  • terms and conditions
OP posts:
RJ57 · 11/04/2023 15:38

Sounds like you're just being offered then and not being asked to sign a contract. They can't expect you to sign a contract without seeing it.

L3ThirtySeven · 11/04/2023 15:39

RJ57 · 11/04/2023 15:38

Sounds like you're just being offered then and not being asked to sign a contract. They can't expect you to sign a contract without seeing it.

That’s my take too. It can’t be legally binding. They’d be laughed out of court.

ChickenDhansak82 · 11/04/2023 15:42

All contracts need to be fair to both parties.

e.g. sometimes job are offered based on certain conditions e.g. producing degree certificates, passing a background check etc... the employer can pull the job offer if they change their mind.

So you can accept it, but if then you are given access to the T&Cs and you decide you don't like them, then it would only be fair for you to have the opportunity to change your mind.

Whataretheodds · 11/04/2023 15:43

Mooshamoo · 11/04/2023 15:17

It says on the website that I will see the contract after I accept the offer

Show quote history

Hell no to that

ReadersD1gest · 11/04/2023 15:44

Mooshamoo · 11/04/2023 15:34

I don't think all relevant information has been disclosed. I can just see my hours and salary in the offer of employment.

I can't see things like: how much notice I would have to give if I want to leave the job, or anything like that. They could spring on me that I have to give them two months notice if I want to leave.

Sure, they could put anything else in the terms and conditions of the contract.

Show quote history

Sorry, that was a question, I wasn't tell you!

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