Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
13Bastards · 11/04/2023 15:45

So I assume is there a second accept function once you have seen the contract perhaps OP?

It would be usual for you to verbally accept an offer which would be salary, location, job title etc before getting sent your contact (saves admin time etc) from what your saying now, sounds like that's the case?

Either way, from your original question you can easily pull out with no comeback even if you click yes on this box

maxelly · 11/04/2023 15:52

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.

This isn't true. Contracts of employment can exist without ever being written down, and you certainly don't need to sign (physically or digitally) for them to (a) exist (b) be agreed to by both parties (c) be binding. For this reason the thing you are sent when you accept a job is in fact a 'statement of main terms and conditions of employment' and although it's useful for you to sign or write back saying I accept or something along those lines, it's far from essential. If you subsequently start work for that company on those terms it is deemed as an offer made and accepted in law regardless of the colour of the ink used to sign or any other factor really, that's basic tort law (of course there are exceptions such as obvious error, if the admin person accidentally adds a 0 to your hourly wage in your t&C's they aren't necessarily obliged to pay it).

That being said OP, in practical terms it really doesn't matter whether or not a contract exists at this point and whether you'd be in breach of it if you subsequently didn't start work. it happens virtually every day that someone accepts a job then doesn't actually end up taking it for a whole host of reasons, or even that they do start work but don't like it and disappear with no notice after a few days. It's totally unenforceable to make them work notice or seek any kind of meaningful compensation even if you wanted to. I'd be tempted myself just to click yes on accept and see what the actual t&C's state before doing anything else, its probably all fine in which case no drama and if not you can have a meaningful negotiation subsequently. If that fails just say no thanks in writing, giving adequate notice so they can approach their second choice candidate or whatever and count your blessings on a lucky escape from a bad employer. That might not be the 'perfect' legal answer but I think it's what will get you easily and quickly to the best outcome...

Allezvite · 11/04/2023 15:54

Where I work we verbally offer the job. we tell them the salary (and negotiate if they do), tell them the hours, agree a start date and a bit about training and probation.
they verbally accept (not binding) so that we can generate their offer letter which they are sent with T&Cs. They then have to follow a link to formally accept the job, having had all the info in advance including pensions, notice period etc. At that point they would give notice with their current employer. However it’s still subject to satisfactory references so if something awful turned up we would be within our rights to look into that and terminate if there wasn’t a decent explanation.

Even then if they didn’t turn up on the first day there is very little that we would do, but they would be in danger of trashing their reputation within a field with tons of networks and back channels, so I’ve never seen that happen other than in the most extreme circs (eg massive bereavement or medical issue)

i think you should ask them about it, but also you clicking accept seems like our verbal acceptance- once you see the full contract you’re entitled to say no thanks if it’s not what you’re expecting.

L3ThirtySeven · 11/04/2023 15:58

maxelly · 11/04/2023 15:52

This isn't true. Contracts of employment can exist without ever being written down, and you certainly don't need to sign (physically or digitally) for them to (a) exist (b) be agreed to by both parties (c) be binding. For this reason the thing you are sent when you accept a job is in fact a 'statement of main terms and conditions of employment' and although it's useful for you to sign or write back saying I accept or something along those lines, it's far from essential. If you subsequently start work for that company on those terms it is deemed as an offer made and accepted in law regardless of the colour of the ink used to sign or any other factor really, that's basic tort law (of course there are exceptions such as obvious error, if the admin person accidentally adds a 0 to your hourly wage in your t&C's they aren't necessarily obliged to pay it).

That being said OP, in practical terms it really doesn't matter whether or not a contract exists at this point and whether you'd be in breach of it if you subsequently didn't start work. it happens virtually every day that someone accepts a job then doesn't actually end up taking it for a whole host of reasons, or even that they do start work but don't like it and disappear with no notice after a few days. It's totally unenforceable to make them work notice or seek any kind of meaningful compensation even if you wanted to. I'd be tempted myself just to click yes on accept and see what the actual t&C's state before doing anything else, its probably all fine in which case no drama and if not you can have a meaningful negotiation subsequently. If that fails just say no thanks in writing, giving adequate notice so they can approach their second choice candidate or whatever and count your blessings on a lucky escape from a bad employer. That might not be the 'perfect' legal answer but I think it's what will get you easily and quickly to the best outcome...

Quick summary of the above: It’s not legally binding unless you sign a contract OR start working for the company.

I didn’t think it likely the OP would just start working with no signed contract. Very few people are that naive.

maxelly · 11/04/2023 16:30

L3ThirtySeven · 11/04/2023 15:58

Quick summary of the above: It’s not legally binding unless you sign a contract OR start working for the company.

I didn’t think it likely the OP would just start working with no signed contract. Very few people are that naive.

You'd be surprised. Where I work (admittedly public sector so t&C's are relatively standardised and people feel more 'protected') so few people sign and return their statements that we've given up even asking. I agree people want to see something in writing that sets out important things about their employment but even when I worked in the private sector a lot of people didn't particularly see the value in formally signing a contract once everything was agreed in writing which could have been as informal as an email...

WhatATimeToBeAlive · 11/04/2023 16:33

An offer of employment is just that and will outline your basic terms. You are not contractually obliged until you sign the formal contract. If there are Ts and Cs that you are not happy with you can query them before your sign.

SerendipityJane · 11/04/2023 16:52

Is this via some crappy US software ? A clue is the use of the word "resume" where cv should be.

Quite a few firms are outsourcing their HR on the cheap to (invariably) US based outfits that are aimed at US employment practices. This sounds like one of them. In which case I would swerve anyway.

I speak as someone who once tried - and failed - to explain to a US company that there was no state "UK" and that Northern Ireland had different requirements to the other countries (not states) in the UK.

Greenfairydust · 11/04/2023 16:54

Nope.

Tell them you want to see a copy of the contract and then you will sign the documents.

coffeecupsandwaxmelts · 11/04/2023 16:55

Accepting a job offer isn't the same as signing a contract.

I've always had to accept offers online/via e-mail, and then I've signed contracts in person on my first day.

13Bastards · 11/04/2023 16:59

What fun @SerendipityJane! I once had to explain to the senior VP of People (in our American parent company) that no, I can't just give someone in the uk 10 days holiday a year to cut costs 😂 kinda scary

Saniflo · 11/04/2023 17:17

You are over thinking it. Just click accept, read the contract and then if you decide it isn't for you decline the job.

SerendipityJane · 11/04/2023 17:25

13Bastards · 11/04/2023 16:59

What fun @SerendipityJane! I once had to explain to the senior VP of People (in our American parent company) that no, I can't just give someone in the uk 10 days holiday a year to cut costs 😂 kinda scary

"Senior VP of People"

You didn't really need to explain it was a US company after that 😀

I'm getting increasingly irritated by adverts telling me about "seniors" (possibly a reaction to being so close to it ...) instead of "pensioners". you would have thought with all this AI, someone would have reworded it.

Mooshamoo · 11/04/2023 17:33

Saniflo · 11/04/2023 17:17

You are over thinking it. Just click accept, read the contract and then if you decide it isn't for you decline the job.

Its just the last job I was in , I left before the notice period, because of personal circumstances, and the company took it badly and talked to me about breaking a legal contract. They said they could take several actions, but I think they have finally decided not to do anything.

But it just made me to be very aware and very careful of what I am doing. Legally. Companies can hold you to things if you agree to things

OP posts:
13Bastards · 11/04/2023 17:33

They were bluffing OP, trying to get you to work your notice that's all.

OohYouLuckyDuck · 11/04/2023 17:49

I had an offer from a company using the same portal recently. I got in touch with the recruiter and got them to email me a copy of the contract before I decided whether or not to accept.

ReadersD1gest · 11/04/2023 17:51

Mooshamoo · 11/04/2023 17:33

Its just the last job I was in , I left before the notice period, because of personal circumstances, and the company took it badly and talked to me about breaking a legal contract. They said they could take several actions, but I think they have finally decided not to do anything.

But it just made me to be very aware and very careful of what I am doing. Legally. Companies can hold you to things if you agree to things

Completely different situation, op.

New posts on this thread. Refresh page
Swipe left for the next trending thread