Resigning without new job offer in writing

[Livpie]

DH has a dilemma whereby he has been offered a job verbally, shook hands on it, but they want him to start in 3 weeks. DH has requested that the package offered is put in writing before he resigns but they have refused saying they need to know his start date before they can do that. DH won't know his start date until he hands in his notice because his contract (which he has never signed) states he must give 3months notice although he is hoping he may be able to negotiate on that. The new company won't wait 3months so he is in a catch 22 situation. So firstly, would you resign from your current job without an offer in writing with pay etc even if it has gone through an agency? Secondly, would you hand in your notice knowing that your current employer may not agree to letting you reduce your notice period and if they don't either you leave early and risk being sued or you are forced to withdraw your resignation because your new job offer is effectively revoked?

I would verbally say to new employer he can start in a month. They should then give him the contract. If they want it in writing then do it, they can't prove you've got this info from current employer.

As he hasn't signed a contract with current company he is under no obligation to give notice.

If he gets contract from new company quickly, hand in notice and as a good will gesture offer to work 4 weeks. Then he can leave in time fot the date he has given the new employer.

If new employer drags their heels just give current employer 2 weeks notice.

Good luck.

"As he hasn't signed a contract with current company he is under no obligation to give notice."

Where on earth did you get that from? The fact that he hasn't physically signed the bit of paper doesn't make any difference. If he was issued terms and conditions of employment and carried on working without protest against any of those terms, then those are the terns that apply to his employment.

OP he should not resign before he has an offer in writing. His new employer should put an offer in writing and specify in it that it is conditional upon him starting work by x date.

I am glad flowery you have confirmed what we were thinking that he should get an offer in writing. The new employer and the agency seem to be implying that he is being unreasonable asking for an offer in writing and if anything it is making us suspicious of their intentions.

Definitely get it in writing. I changed jobs recently and had to wait 2 weeks for the offer in writing (due to holiday period) my new employers and the agency both understood that I would not be resigning until I had something in writing and that they therefore had to accept the knock on effect on my notice period.

Be careful re the 3 month thing - can he find out if other colleagues have been held to it?

He is not being at all unreasonable. It's perfectly standard to wait for an offer in writing before resigning, and unless the new employer is planning to withdraw the offer, there is no reason they can't put it in writing to show their commitment. As I say, they can certainly put conditions on it if they are concerned.

Definitely wait for a written offer. I had one job offer come to nothing, as their funding was pulled before they got the paperwork done. If I had resigned, I'd have been in a very difficult situation.

Definitely get it in writing before resigning no question.

Do not hand in notice until offer in writing or it could get messy. I knew of someone (no, not me!) who handed in their notice in writing on the basis of a verbal offer. Unfortunately, the company making the offer got bought out and they froze all recruitment hence, she then had no job and, worse still, her original company would not allow her to retract her notice as they had already planned a re-org and calculated the savings by not having to pay her.

Always get in writing, things can still go wrong but if you have it in writing then there is no ambiguity and he could at lease take them to court for compensation.

Thanks for the advice, he finally managed to get an offer in writing today on the condition he starts in a month so tomorrow he will approach his current employer to see if they will negotiate on the 3month notice it states in his contract. DH will have to turn down the job if his current employer won't budge on that notice period and could make things a bit uncomfortable working there if they know he wants to leave but have prevented him.

From what I understand it is hard to enforce a notice period. The only downside is they may note this is any reference and be a little sour at woek. Though if you have another job to go to then this isn't an issue. A senior lawyer friend told me this.

I've heard that too! They'll just stop paying you, as it's not worth their while doing anything else.

It's hard to enforce as they can't literally frog march you into the office and make you work it. There is a risk of legal action if you not working your notice period causes them financial loss, however in most cases this is either unlikely or the loss is not enough to make it worthwhile.

However obviously it is likely to result in a pretty negative reference as well as burning bridges, and most people aren't in a position where they can confidently know they will never need a reference from that employer.

DH went into work and offered one month's notice to which they agreed, noone mentioned the 3 month issue so either they have overlooked this fact or they are happy to let him go early. Haven't received anything in writing to say they have accepted his resignation so I hope there is no comeback in the future. Everything seems amicable and the owner of the company has said if DH ever needs a job it be future he would find something within the company for him. So as long as they don't turn nasty in the next month it seems to have worked out. Thanks for all comments.

Glad you got the outcome you wanted from both sides.