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AIBU?

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I need to withdraw from a job

20 replies

Ncadviceforthejob · 05/06/2024 15:34

I know I am being unreasonable but posting from traffic.

I accepted a job a few weeks ago but have since been offered (yesterday) my dream job. Better role, company, pay etc.

I really want to take this new position. Is there a way I can withdraw my acceptance?

or do I have to stick with the job I don’t want as much?

OP posts:
VestPantsandSocks · 05/06/2024 15:36

Get the new contract signed first and then advise the previous job that you won't be joining.

eurochick · 05/06/2024 15:39

Just tell them once the new job is sorted. In theory they could sue you for any losses if they can't find a replacement but in reality this never happens. Unless maybe you have some unique skill that only three people in the U.K. possess and is essential for the role? Most places will just move on to their second choice without blinking.

Hinkuy · 05/06/2024 15:39

😆 of course you don't have to stick with the lesser job. But as above- get the new job fully nailed on first before you decline the other job.

Ncadviceforthejob · 05/06/2024 15:50

Thank you! Is it better to call or email?

OP posts:
OrlandointheWilderness · 05/06/2024 15:56

I'd personally email. I like things in writing!

Gettingbysomehow · 05/06/2024 15:59

Some people where I work accept jobs then never turn up. You can do what you want. Just let the first company know you have accepted another offer.

fiddlesticksohyeah · 05/06/2024 16:02

eurochick · 05/06/2024 15:39

Just tell them once the new job is sorted. In theory they could sue you for any losses if they can't find a replacement but in reality this never happens. Unless maybe you have some unique skill that only three people in the U.K. possess and is essential for the role? Most places will just move on to their second choice without blinking.

They can't sue you. What nonsense.

Until you start work you have no legal obligation or contract and even then you can quit and leave at any point.

longdistanceclaraclara · 05/06/2024 18:16

Sue you😂😂

I was in this position op, got the new contract signed, emailed first company to say I was rescinding my offer. They offered me more money but the second job was the right one for me. It was all fine.

Trishna99 · 05/06/2024 18:36

This is really common. Get the other contract signed and inform them then. Congrats.

pietut · 05/06/2024 18:46

I've had to do this a couple of times, make sure the new job is solidified and then email, it happens a lot! (Said as an applicant and hiring manager).

PrimalLass · 05/06/2024 18:46

I've done it too. I didn't get a response to my email from company 1 - fair enough as I'd wasted their time.

Hoppinggreen · 05/06/2024 18:49

worst case scenario they can make you work your notice or threaten you with legal action if you refuse to but its unlikley they would.
Bear in mind though that the contract for the new job (if you have signed yet) may say you can't work for anyone else at the same time so you may not be able to start the other job in the notice period for the job you no longer want.

eurochick · 06/06/2024 10:35

eurochick · 05/06/2024 15:39

Just tell them once the new job is sorted. In theory they could sue you for any losses if they can't find a replacement but in reality this never happens. Unless maybe you have some unique skill that only three people in the U.K. possess and is essential for the role? Most places will just move on to their second choice without blinking.

They absolutely can. It's rare but it can happen. I'm a lawyer and have defended someone being sued for withdrawing from a job. In that case it was someone with rare skills, as indicated in my earlier post. Unless the OP falls into that category she shouldn't worry.

fiddlesticksohyeah · 06/06/2024 10:48

They absolutely can. It's rare but it can happen. I'm a lawyer and have defended someone being sued for withdrawing from a job. In that case it was someone with rare skills, as indicated in my earlier post. Unless the OP falls into that category she shouldn't worry.

No, that is not the case.

I'm also a lawyer who specialises in employment law and on retainer for a number of firms. Please explain under what legal framework a case could be made when no contract or agreement has been signed? What costs can the firm sue for that can be specifically applied to the applicant?

PashaMinaMio · 06/06/2024 10:53

Years ago I did it.
I just wrote a note (no email then) to job No1 to say I’d agreed a better offer elsewhere.

No repercussions.

Most companies these days would probably have another person in the pipeline that they’ve probably interviewed, to take up the role.

Just do it.

eurochick · 06/06/2024 11:12

fiddlesticksohyeah · 06/06/2024 10:48

They absolutely can. It's rare but it can happen. I'm a lawyer and have defended someone being sued for withdrawing from a job. In that case it was someone with rare skills, as indicated in my earlier post. Unless the OP falls into that category she shouldn't worry.

No, that is not the case.

I'm also a lawyer who specialises in employment law and on retainer for a number of firms. Please explain under what legal framework a case could be made when no contract or agreement has been signed? What costs can the firm sue for that can be specifically applied to the applicant?

The case I worked on was a breach of contract claim. The would-be employer sued the individual and the new employer for breach of contract/procuring breach of contract.

Obviously this would only apply if the position has been accepted, otherwise there could be no breach of contract claim.

There is a reasonable amount of case law on this, much of it in the financial services sector.

pietut · 06/06/2024 11:23

@eurochick was it a senior position? Seems very unlikely to me this would be something financially worth pursuing unless it was a particularly valuable individual.

eurochick · 06/06/2024 11:28

Yes. It was a senior position. And someone the would-be employer would take time to replace. Litigation is expensive so it is rarely worth pursuing these types of claim.

Ncadviceforthejob · 06/06/2024 11:41

I haven’t signed the contract. I’ve had it since Monday. But o have verbally accepted and done background checks

OP posts:
eurochick · 06/06/2024 11:50

Ncadviceforthejob · 06/06/2024 11:41

I haven’t signed the contract. I’ve had it since Monday. But o have verbally accepted and done background checks

Unless you are very senior/have unique skills you have nothing to worry about. This thread seems to have got a bit sidetracked with non-lawyers questioning the correctness of what I said but I mentioned it as an unlikely possibility. Accept the new position and send a nice email to the other employer saying thanks but no thanks.

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