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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I am a software contractor and I was made an offer at

Resolved Question:

Hi,
I am a software contractor and I was made an offer at Bank A (via an agency). During their lengthy (four week) screening process, I got a call from Bank B's agency (which is one of the biggest banks in the UK and where I'd worked for over two years, again as a contractor). I had an interview and an immediate (slightly better) offer which I took. I passed Bank B's screening for less than three days. I have now two signed contracts and have informed Bank A (unfortunately a few days before having to start with them, due to the way and timing in which things developed) that I will not be able to work for them.
I understand that this may not be a true gentleman's position, but the second contract seems as the better option either way, which is why I accepted it.
Is there any legal ground for Bank A's agency (which is a smaller agency compared to agency of Bank B) to sue me for not honoring the contract and not starting it?
Please advise!
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
No there is nothing they can do. If the contract has not even started there is no claim that they can bring as there can be no breach of a contract which has not started.
This kind of thing happens frequently and whilst it will be annoying that this has happened, from the point of view of Bank A, it is always a risk that someone will change their mind in the recruitment process.
All the best with your new position.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

I met with them yesterday and they mentioned that there may be legal implications for them and that their client may decide to request a penalty of one month's pay (among other things) from them if I didn't start. I have no such clauses in my contract and would like to know if they at all can go after me for "losing them business"?

Expert:  taratill replied 1 year ago.
Is the start date on the contract the date you should have started or an earlier date?
Customer: replied 1 year ago.

The date is still in the future and I have therefore not started.

I am sad to have to put them in this situation, but was faced with this uneasy choice.

Is there a way to share this contract (or parts of it with you in private)?

Expert:  taratill replied 1 year ago.
You can if you wish but if the contract is not in force there can be no breach of contract so even if I see it it will add nothing useful to the discussion.
The person is blowing hot air because they are annoyed you have made the decision.
You really do not have anything to worry about here. There is a risk to both parties before an employment starts that either the employer or the employee will pull out. If the shoe is on the other foot the stakes are often higher for the employee who will probably have left another job but there is nothing they can do about it either.
Customer: replied 1 year ago.

It would be great, if you could have a quick look at the contract, but I would rather not have it publicly viewable. Is there a way to do this?

Expert:  taratill replied 1 year ago.
Hi I can offer as an additional service for this to be emailed to me. It has to be for a small additional fee (requirement of the site). I'll make the offer now.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 1 year ago.
I have sent my email address to you. Thanks
Customer: replied 1 year ago.

Thanks, ***** ***** just e-mailed you with the contract from Bank A.

Looking forward to your reply!

If you could give me a quick call, that might as well be very helpful.

Expert:  taratill replied 1 year ago.
Just seen the number. Will call you.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you

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