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Ben Jones
Ben Jones, UK Lawyer
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I have signed an Offer Letter to begin working company

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I have signed an Offer Letter to begin working for a company X at the end of the Month. The company X has not issued the contract yet, because they say they must perform criminal checks first. Meanwhile I received a far better offer from another company Y. What will happen if I accept the Offer of company Y and I inform company X that I have accepted a better offer? Company X offered 35.000 / year, and company Y 45.000 / year. And company x recently has sacked several managers and analysts,and therefore it is not a nice company in that sense. Company X is traded in London Stock Exchange, and company Y is a huge multinational company. I am an EU citizen and I arrived in the UK three months ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When were you due to start with company X and how did they recruit you - was it via an agency or did you apply directly?
Customer: replied 2 years ago.
Company X hired me via an agency, and the date of start is the 26th of October. Nevertheless X has not issued a contract, and I have not signed a contract.
Customer: replied 2 years ago.
The contract offered by company X is a permanent contract.
The fact that no contract has been issued does not mean that there will be no contractual obligations on your part. If there was an offer by the company and an acceptance by you then a contract would be in place anyway. Therefore you not going ahead with the job could potentially mean you are in breach of contract. However that does not necessarily mean there will be serious repercussions. The employer could try and pursue you for any losses they have incurred as a result but they must be able to justify these. For example it could be the agency fees they have spent and lost as a result is the fees they will have to pay to get a replacement on short notice. But that is the worst that could happen, they cannot stop you from working for the new company. Also to be able to get these costs from you they will have to sue you and go to court. Unless you had a senior and important position or the costs were rather high I don't see them going to court - companies don't really do that, it takes time and money and they will try to avoid that. I will just say you should let them know if your decision as soon as possible.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
how must I let them know that I will decline their offer then? By means of a letter, an email? Should I write to the recruiter? I am scared that the recruiter can tell other recruiters that I am not a serious person. What about the checks? Must I give all the details to the company that will perform the checks?
I do not trust the people easily, and I have propose to company Y to begin working on October 19th,one week before the start agreed with company X.In such a way I could tell company X that I will not work with them when I see myself already working for company Y.
As I do not trust people, I will not tell company X that the reason for not working for them is because I got a better job in the UK. Better I'll tell them that "I will not be able to work for you because of reasons that do not depend on me I must leave the UK". What do you think about that?
It does not matter if it is by letter, email, phone call...although it is best to do it in writing so an email or letter. You do not have to tell the recruiter unless you are still only dealing with them, if they recruited you and passed you on to the company then you will be dealing with the company now and must tell them. You do not have to tell them why you are not taking up the job and they cannot force you to disclose these. Be careful about giving them false reasons though, just give the true reason or no reason at all, say something like it is due to personal circumstances without any further details
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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