DS - resign before contract received?

[Masie24]

DS, unhappy in his present job (sounds like a bullying culture, small company, he clearly does't fit in) but has been offered another job, elsewhere in the country but which, on the face of it, would suit him so much better. Received emails from his new line manager and copied into HR correspondence. Was recruited through an agency which confirms that the job is his.

However, the contract hasn't arrived yet - should be very soon and until that happens, he can't feel completely assured and, unhappy though he is, doesn't want to hand in his notice on the basis of emails only (welcoming him/saying a contract is on its way etc). He has to give a week's notice and was keen to do so tomorrow so that he can go by the end of next week (even thought that period includes bank holidays). I know I'd be happier with the contract in my hands if I were him. He's due to speak to the new line manager tomorrow and wanted to see the contract before doing so. I'm a little nervous that the offer, such as it is, could be rescinded but of course it couldn't be if a contract was received and signed.

It doesn't look as though the new company has taken up references. If it had, he would surely know and of course he's worried about the content of said reference, even though employers are supposed to keep them factual if they haven't anything positive to say.

Any thoughts about resigning before a contract is received? Thanks!

I’d be nervous resigning without signing a new contract although the emails may be enough if he is talking to the new employers and they are confident.

It takes our company 48 HRs to send the offer once we have everything authorised through the management team and right to works docs are on the system. Sometimes the above can take a day or two before the 48hrs start.

How long has he waited for the contract?

The sensible advice would be to wait, I'm afraid. Does he have any accrued holiday he could use up?

The new employer has 2 months to give him his actual contract.

What he should get at this stage is:

1. a letter with a conditional offer - dependent on references & OH assessment then, provided those are OK,
2. an unconditional offer of employment

The letters should set out the main terms & conditions of the job - salary, annual leave, working hours etc

Most people will not submit their resignation before getting an unconditional offer.

PS the contract of employment is just a piece of paper, which is why there is no rush for the new employer to produce it.

The actual legal contract between the new employer & employee arises from the employer agreeing to give the employee a job (on the terms laid out in the offer letter) and the employee accepting it.

Thanks so much for swift replies. The agency told him that he'd got the job (giving him good feedback following interview) last Friday.

Thank you XX. I'll suggest that he asks the agency/employer (been told he can correspond directly) for an offer letter. The salary was texted to him by the agency and the email correspondence has been along the lines of welcoming him to the company. I'd be surprised if he's offered the job unconditionally ie without a previous job reference but it appears that that is what it may be.

His last week will be uncomfortable, he says, but that's sadly a little inevitable. He'd like to give more notice but the company wants him to start fairly soon. He has much to look forward to with this fresh start.