Accepted a new job, but another, better opportunity turns up!

[da_herp]

Hi All!

Firstly I would like to thank any responses in advance, as any assistance is greatly appreciated!

I have been very fortunate and was offered a decent job a couple of weeks ago, with a start date of 1st week in January. I had sent company A an email saying I accept the role and I have signed and returned a principle statement which outlined most of the basics with regard to the T&C.

I have recently been approached by company B and the role and benefits are far better than the ones offered by company A. I'm not interested in trying to play company A off of company B's offer but I would like to know where I stand if I were to go back on my commitment with company A and go with company B.

Aside from the fact my name will be mud and company A would be extremely annoyed, what is the most likely outcome? I will bullet point some facts:

• Extensive recruitment process which involved travelling outside the UK (flights and hotel costs covered by company A)
• Principle statement is not signed by company A (not sure if this is relevant)
• My start date is the first week in January, so I've not actually walked through the door and started
• Notice period (for both parties) in the T&C is only defined after the trial period completes (does this mean I could just resign on day 1?)

Thanks again.

[charitynjw]

Re: Accepted a new job, but another, better opportunity turns up!

Hi da_herp, & welcome to Legal Beagles.

Generally, you are only required to give notice if you have been employed for more than one month.

https://www.gov.uk/handing-in-your-n...ng-leaving-job

[da_herp]

Re: Accepted a new job, but another, better opportunity turns up!

Hi Thanks for the reply

What action can company A take against me if I decided to go with company B? There is no explicit clause in the principle statement covering this scenario, so if I decide not to go with company A, then what can they actually do other than the proverbial huff and puff?

Thanks again :santa_wink:

[charitynjw]

Re: Accepted a new job, but another, better opportunity turns up!

In the absence of either statutory notice or contractual notice, the common law situation is for 'reasonable notice'.

This is not clearly defined, as each case will turn on it's own facts & would be judged individually, should it ever go to court.

It might be an idea to have a quick word with the ACAS helpline.