Hello do you believe they will find a replacement in time for when the job was supposed to start?
Hello, not sure if you saw my initial query above - do you believe they will find a replacement in time for when the job was supposed to start?
Hi, no problem and thanks for getting back to me. If she had accepted a formal job offer then there would be a legally binding contract in place. Therefore, if she failed to proceed with it she would technically be in breach of contract. The notice period she is subject to would, strictly speaking, only apply once she has started the job. However, she could still give an equal, or preferably longer notice period before she is due to start.
If she was to be in breach of contract then the employer can only potentially pursue her for any direct losses incurred as a result of her breach. In these circumstances that would usually be costs associated with getting a replacement at short notice or paying extra for a temporary worker to do the work until they find a permanent replacement. The longer notice period she gives the better chances they have of finding someone to replace her without incurring additional costs. She will give them just over a month’s notice and I would hope that this is sufficient for them to find a suitable replacement. If they cannot and need to get a temp in to fill her position for a while then technically they could consider pursuing her for the difference in pay. However, I must say that such claims are very rarely made as the damages they can pursue do not justify taking formal legal action so they will likely just let the matter go and at worst it would result in a breakdown of relationship between the two parties. That is the way these cases go 99% of the time to be honest.
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