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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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, After attending an interview I got a job offer via

Resolved Question:

,
After attending an interview I got a job offer via email with basic details i.e. salary, holiday and I gave my consent, provided my home address and asked written contract. When it arrived via email it had much more detail which I did not agree to nor discussed before. After having read it I sent an email stating that I can't accept it and can't sign it and cannot turn to work on Monday. Can the employer sue me or ask to cover recruitment costs because of that? What shall I do to mimimize any negative impact?
Thank you,
Mike
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. Were any of the details you did not agree to discussed before you accepted the job?

Customer:

, no they were not. We only discussed general terms i.e - salary amount, working hours, holiday, insurance, which I confirmed/agreed to in an initial email. The contract came later and it had all sorts of other things which were never discussed before.

Customer:

Ben, I can see you are back in the chat. Do you have any more questions?

Ben Jones :

No, I am just typing up my response, wont be long

Ben Jones :

Thanks,. You could argue that whilst you accepted the offer of employment, this was only based on the terms that you were aware of at the time you made your decision. Therefore, if the employer later introduced new terms which you were unaware of and which you do not agree with, you do not have to go through with the job as there were material terms which were not made clear at the time and which would have impacted your original decision. So employer to sue you of contract, when you could be seen to have been forced into a contract which you are not fully aware of, can be a long shot .



Also they must show actual losses and recruitment fees do not usually get charged unless the person has actually remained in a job minimum period of time, so if you did not even start the job then it is unlikely that the fees would have been charged to the employer.

Customer:

Ok thank you. Is there anything I should be doing as of now? After having read the contract I sent them an email stating I can't accept it in that form and that I cannot join them starting Monday. Shall I be more specific in the email or shall I do anything to protect myself?

Ben Jones :

you should inform them as soon as possible about your decision and state the reasons why, making it clear that this is based on the new terms , which you were not aware of at the time of accepting the offer and which would have affected your original decision had you known about them.

Customer:

in my new email, do i have to explain which terms and conditions explicitly or is it enough to state that the contract provided more than it was stated before?

Customer:

this is what I sent originally:
"Having reviewed the attached contract thoroughly I cannot accept those terms and conditions proposed and therefore I decline the offer of employment. Regretfully reason I will not be able to join your company on Monday, 19th January 2015 and will not become your employee.

I appreciate your time in the recruitment process and wish you good luck with your search."

Ben Jones :

you do not have to state them specifically but it could help identify the exact reasons and you have nothing to lose by including them. I would say that it is due to the newly introduced terms in the contract, which you were not made aware of prior to accepting the offer of employment

Customer:

thank you, ***** ***** question.. there is a clause in the contract stating that by signing it I agree to the Employee Handbook, but they didn't include it in the email, that should support my case if they decide to argue?

Ben Jones :

yes it should, but to be honest hardly any employers pursue such claims, unless it is someone quite high ranking where the fees and stakes are generally high

Customer:

shall I remain in touch with this company anyhow (phone, email), or just send this second email and that's it?

Ben Jones :

Just email will suffice

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? Thanks

Customer:

thank you Ben, you have answered my question

Ben Jones :

thanks me know and all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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