Employment Contract

[canthecardsbewrong2022]

Hi,

I was offered a level entry job in December, but only getting round to starting later this month. I appreciate the company have paid for a dbs which I'm prepared to pay back if I change my mind.

The company have sent across a contract I'm not entirely happy with - it refuses any mention the job is 100% remote and reading it the Employers address reads as place of work.

As I've never had to query a contract before, I would be grateful if anyone has any tips on how they've approached it.

I'm really super cautious to sign it as the offer letter along making rightly demands of proof of internet speed does seriously state: "please note this offer is a legal doc and by entering into this contract you are legally bound to commence work at xyz. If you accept in writing and then revoke your decision prior to start date, the company may initiate legal proceedings". I've never read anything like this before in a job offer so it makes me worried and therefore not wanting less to sign a contract which doesn't sit right

If it was agreed that you're working 100% remote, it would be fair enough to ask that that be written into the contract.

Just email the relevant person saying something along the lines of 'thank you for the contract, the role was offered to me as being 100% remote, would it be possible for this to be confirmed in the contract before I sign'.

As pp has said, if it was agreed that my role was 100% remote, I'd definitely be asking for that to be in the contract. If you sign it and that isn't in there, you don't really have much of a leg to stand on if they want to change the stipulations.

I'm not sure what they mean by this
If you accept in writing and then revoke your decision prior to start date, the company may initiate legal proceedings

What legal proceedings can they take? I'd be really cautious and clarify any queries you have before signing.

Thanks I just didn't know if I was being silly. Really never ever seen anything before like it for entry level.

I've written it word for word as seen, just shorted doc for document.

I don't get it, (whilst I understand if company have paid for DBS they would want to recover that cost) but how can you take someone to court who barley starts, I understood that you have to work 24 months before you've any real employment rights, you can be fired on day 1 right up to 24th month without any reason. What if my references aren't satisfactory etc.

The devil.is in the details,

Are you trying to say it is a joke because I just don't follow.

The IT equipment (a laptop and purely a mouse only turned up today from an interview way back held way back on the 29th December and if you think that is funny then perhaps I should laugh with you all) a contract I've yet to sign. The Delivery driver was no where to be seen or any advance warning them were turning up to deliver.

Who do you think has made a joke and is laughing at you? I can't see anyone has said anything out of the ordinary.

Pretty sure op posted on the wrong thread 😂

Well they are right. It is a legal contract and you need to give the right notice and then irk that before leaving (maybe a week or a month)

They can sue you for costs of getting in a temp if you fail to do that.

But that is standard for all employment contracts, it just may not spell it out like this.

Sorry but perhaps I should have phrased I don't work well with riddles.

I appreciate I'm best asking the company why they started the DBS check before issuing paperwork with a such very serious clause of being taken to court in the event I change my mind. But then they seemed to interrupt the first dbs going through where they changed the organisation name slightly with the dbs provider which then apparently caused the dbs to be deleted, which I found fairly suspicious but was that in light of them being late with paperwork with the legal paragraph.

I suppose the other option is to be the wrong fitting employee if it really comes to it so I suppose I've overthinking this.

I just feel it's a hard stance to take, especially when there has never been a trial day and it was just a one time interview.

@burnoutbabe

Well they are right. It is a legal contract and you need to give the right notice and then irk that before leaving (maybe a week or a month)

They can sue you for costs of getting in a temp if you fail to do that.

But that is standard for all employment contracts, it just may not spell it out like this.

How on earth can they where what the start is nearer 4 months from interview. I possibly would understand of a starting date 7 - 10 days after interview but not nearly 4 months on. I'm just looking out for myself having been told a month nearly after the interview the company had decided to go 'fully remote' you cannot tell me someone in Yorkshire accepts a contact that their office base is Essex and signs a contract pretty dubious about the company's last conversation.

For all the butt jokes, this is a another very recent thread which whilst has absolutely nothing to do with me, are you staying the 6 posters are there are lying to the OP?

www.mumsnet.com/Talk/work/4486657-can-i-be-sued-if-i-withdraw-after-accepting-a-job

No one is making any jokes or saying you are lying. I'm not sure where you are getting this from.

They'd be very unlikely to actually sue you. However, even if it weren't written in the contract, they would still have the option to take legal action if you had signed the contract.

Contracts aren't usually issued until after DBS and other checks have been completed.

With regards to the location, speak to them.

I have to negotiate contracts regularly, and my last one for exactly this reason. They will have sent you their standard template contract. Just drop them an email asking them to change the contract to reflect your agreed 100% remote working. I’d also recommend checking thoroughly for any other issues (hours, holidays, etc) and making sure you get these rectified if incorrect. Be polite but don’t back down until this is done. Whatever you do don’t start work with them till this is done, as once you start work you’re implicitly agreeing the terms of the contract (I’ve had to move start dates due to this).

I wouldn’t worry about the threat of legal proceedings, I’ve never heard of any company suing someone for leaving before starting even after signing a contract (doesn’t mean it can’t happen but seems unlikely!). The cost of DBS for my last contract was 25 pounds (I paid myself) so don’t worry about that either!

Good luck with the new job!

Hi.

What is worrying you most, the remote working, the proof of internet speed, the court action if you don't start on x date?

I fail to see what action they could take, maybe loss of DBS check? What is the notice period anyway, if it is a week prior to probationary period then what could they do if you didn't start?

If you are getting more than one bad vibe, which seems possible, are you currently in a role that you don't want to give up or not? Because if you are currently in a decent role, probably best to stay there with this issue flagging up at this point.