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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50466
Experience:  Qualified Employment Solicitor
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I have signed a contract to start work on June 5 but no

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I have signed a contract to start work on June 5 but no longer wish to continue. The role has 3 months notice. What is my legal position?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Why do you not want to take up the role?

Customer: replied 2 days ago.
Decided to stay put. On 2 weeks notice as contractor and decided to stay contracting rather than take up a full time role. Offfer is with a blue chip. Big company
Customer: replied 2 days ago.
That give you what you need?
Customer: replied 2 days ago.
Ben are you still there?

Sorry, my connection dropped earlier. If you decide not to go ahead with taking up the position, you will technically be acting in breach of contract, just in the same way as you would be able to accuse them of breach of contract if they refused to allow you to start as promised. The 3 month notice period is not actually officially valid yet as the contract would not start until your first day of employment, but it can be used as a pointer as to what their potential losses may be. They cannot just charge you for the pay you would have received during that time and all they can do is make a claim for losses they had incurred from your breach. The most common ones are if they had to get a last-minute replacement and by doing so they incurred extra costs, such as a recruitment fee or having to pay a higher rate of pay, such as by using agency workers.

In reality, it is very rare for such claims to be made as it is just not worth the company's time and resources, especially if they are such a large company that can easily absorb this. I would say that you will obviously not be in their good books, it can affect future employment opportunities with them and also if they have contacts in other places in the industry they could unofficially mention your name, but you just cannot predict if that will happen or what effect it may have on you.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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