Job Offer Withdrawal

nice_r_naughty

I am looking for advice in relation to offer withdrawal once formal offer of employment has been made (and accepted).

I was lucky enough to have been offered a permanent position in September after completing 2 rounds of interviews. Throughout the process, I have made the recruitment consultant aware of the 3 months notice period I would be requred to complete with my current employer. I even remember filling in a registration form when I first met with the consultant, in which I had to specify length of notice.

Anyway, I was offered the job and handed in my notice. I was then asked whether there is anything that can be done in order to shorten it from 3 months to a more manageable period. It turned out that there may be some flexibility but my empoyer could not committ because it was conditional on finding a replacement. Therefore my finishing date was set at mid-November 2011.

I promptly communicated this to the prospective employer in an email which was acknowledged and the new contract was sent out to be with starting date as "TBC".

Recently I received a phonecall from the prospective employer wondering if I could start next week. It turned out that he misread the email I sent originally and assumed I could start a month earlier than what was in the email. Although he admits the mistake, he is now saying that offer would have to be withdrawn altogether as they cannot wait for me another month.

I was wondering whether there is any legal protection for me in this situation. Any advice from someone with similar experience would be much appreciated! I've read a bit online and it seems that once an offer was made it cannot be withdrawn without a "proper" reason. Now I wouldn't consider misreading an email as a proper reason but I could be wrong...

I wouldn't wasn to lose the offer as it is a significanly better package than I could hope to be offered any time soon...

Alan b.

nice_r_naughty wrote: »

I am looking for advice in relation to offer withdrawal once formal offer of employment has been made (and accepted).

I was lucky enough to have been offered a permanent position in September after completing 2 rounds of interviews. Throughout the process, I have made the recruitment consultant aware of the 3 months notice period I would be requred to complete with my current employer. I even remember filling in a registration form when I first met with the consultant, in which I had to specify length of notice.

Anyway, I was offered the job and handed in my notice. I was then asked whether there is anything that can be done in order to shorten it from 3 months to a more manageable period. It turned out that there may be some flexibility but my empoyer could not committ because it was conditional on finding a replacement. Therefore my finishing date was set at mid-November 2011.

I promptly communicated this to the prospective employer in an email which was acknowledged and the new contract was sent out to be with starting date as "TBC".

Recently I received a phonecall from the prospective employer wondering if I could start next week. It turned out that he misread the email I sent originally and assumed I could start a month earlier than what was in the email. Although he admits the mistake, he is now saying that offer would have to be withdrawn altogether as they cannot wait for me another month.

I was wondering whether there is any legal protection for me in this situation. Any advice from someone with similar experience would be much appreciated! I've read a bit online and it seems that once an offer was made it cannot be withdrawn without a "proper" reason. Now I wouldn't consider misreading an email as a proper reason but I could be wrong...

I wouldn't wasn to lose the offer as it is a significanly better package than I could hope to be offered any time soon...

Get back on to your currant employer and tell them your new job is now at risk if you can't be released.
Most employers wouldn't want you around any longer then absolutely necessary once you've shown your intention to leave.

As for where you stand with the new employer, I can't help you there.

nice_r_naughty

Thanks - tried that yesterday as soon as the problem came up. Current employers are actually fairly reasonable in that they said they may shave another 1-2 weeks off my finishing date, bringing it to week 1 of Nov (instead of week 3). They wouldn't be able to cope otherwise and I'm not moving to a direct competitor anyway so they aren't too worried about confidentiality and things like that.

My current boss even spoke to the prospective boss on the phone yesterday to try and work this out. Apparently, the new boss said he would "think about it" and get back to me. I haven't heard anything so far though...

Eoin

At the very most, you might be able to get paid for the notice period in the new contract, and that would be if the notice period was applicable from before the start date.

I've read a bit online and it seems that once an offer was made it cannot be withdrawn without a "proper" reason. Now I wouldn't consider misreading an email as a proper reason but I could be wrong...

Even if that's true, you can still be let go very quickly; probably without even turning up to the office.

I think you need to focus on agreeing something with the place you're leaving.

nice_r_naughty

Thanks, Eoin - see my second post for my current employer's viewpoint. It seems very reasonable to me - I know exactly the difficulties they will face once I leave, even if I leave on time. I'm one of the more senior people here and it would put serious strain on the company if I left within the next couple of weeks without proper handover.

The reason I was wondering about protection is if worst case scenario does come to pass and the offer is withdrawn: would I then have a case to go to the employment appeals tribunal with (on grounds of breach of contract)? Like I say, ideally, I do not want a row and would like to strat in this new job without any acrimony. I'm inclined to place some blame on the recruitment agent as well, who clearly didn't communicate this very important point properly...

Eoin

This isn't the place to talk about specific legal action I'm afraid. That's where you need to talk to a solicitor.

But realistically, you can be let go very easily in your first year of employment. They could probably just choose to pay you the notice period in the contract and terminate the "employment".

see my second post for my current employer's viewpoint. It seems very reasonable to me -

Sorry, you posted that while I was writing mine, so I missed that.

nice_r_naughty

Thanks and I figured

I'm hoping to find someone with a similar experience - it's a long way from legal action at this stage! You're right, I could be let go quickly but that would defy the purpose of offering me (or anyone else) the job. If anything, it would cost them more to try and go through the recruitment process again. I have it on good authority that they've been trying to fill this position since June and were pretty delighted when found me. Makes it all the more frustrating to see them play hardball.

This new place also has a 3 months notice period by the way, which makes this situation all the more bizzarre!

Eoin

Yeah, 3 month notice periods suck - I had one in my last place, so had to negotiate it downwards.

You're right that it would be counter-productive for them to terminate employment, especially if they've been on the hunt for so long. But they do have options to look for alternatives if they need to.

(Thread moved to "Work Problems" by the way).

mama79

Hi OP

Probably a dopey question but are there any holidays you can take and work out your notice that way?

Eoin

You don't have the automatic right to take your leave during the notice period unfortunately. The company can choose to pay you instead.

nice_r_naughty

Good point - I was initially hoping to take the hols to give myself a breather before starting new job, then decided I'd start with them early instead because they seemed under pressure. So the dates I gave them were actually inclusive of holiday leave I'm willing to forego for this job...

JDxtra

Is 3 months even legally enforceable, despite agreeing to it in contract? It was common practise in a previous company I worked but always remained questionable.

Also, why not just walk and take the hit?

I can see your new employers point of view. They need somebody now but did not pick up on your lengthy notice period. They probably have other candidates in mind for this position whom are more readily available. They could I suppose say they don't want you, pay you your notice period in advance, and go hire somebody else.

nice_r_naughty

I don't actually know whether it is legally enforceable. I did read somewhere that while there is statutory provision of lengh of notice of termination by employer (1 week), but I think it is left to employers to determine what to put into the contract. Not sure though, could be wrong.
My husband said same thing - that I could just not show up one day. Not sure I'd be able to do it though, and they'd never give reference after, which would be a pain in case I wanted to go back to the same industry...
I would, if it came to it, just take the 3mths notice pay and look for a new place (it would be a lot more than I get paid at the moment as well so would definitely last while I search). Again though, it depends whether it is 'illegal' to withdraw offer for no reason and I still don't know if it is...

ted1

Have you any.holidays left to take? That.may get you off earlier. Then a few sick days etc.

Eoin

ted1 wrote: »

Have you any.holidays left to take? That.may get you off earlier. Then a few sick days etc.

If they're not prepared to waive some of the notice period, they're probably not likely to allow leave during the notice period - they're under no obligation to.

nice_r_naughty

They have waived that already - I was otherwide due to finish on 29 Nov but with my leftover holidays etc I've brought that to the 18th.

My agent is being a bit useless as well - as far as I'm concerned, this shouldn't really be up to me to resolve anyway.Agent mentioned walking out of this current job which would be the stupidest thing ever. The parent company in my current job owns nearly all of research, media, marketing and digital agencies (in the world (nevermind in Ireland!) so by walking out I would become unemployable by any of those companies. Not an option.

jester77

That's a bit of a nasty one. Would there be any way you could accommodate both parties through to eoy, say alternate 3 days/2 days between them?

nice_r_naughty

Really doubt that! They wouldn't be competing directly, but ultimately fighting for the same budgets so I don't think either would agree to share. I wouldn't to either, it's just not going to work.

I think I've done as much negotiating as I could at this stage, I don't want to be going back and forth any more. I will be letting the agent know today that the situation isn't likely to change so it is up to him to relay this back to the new employer and see what happens...

seamus

nice_r_naughty wrote: »

I don't actually know whether it is legally enforceable.

That's a long and painful road to go down. It has been ruled on in the past afaik that an exceptionally long notice period which cannot be justified by the type of work, constitutes a barrier against leaving that employer, which is illegal and makes that provision of the contract void.

However, it's role-dependent. If you're a shelf stacker, 3 months would be excessive. If you're a project manager in a senior position, then 3 months may be required to wind down/handover your work.

In order to have that part of the contract deemed unenforceable, you'd be fighting in the courts for months, if not years.

nice_r_naughty

thank you, seamus
I would say the 3 months is pretty watertight legally speaking, they still don't have replacement for a guy of a similar job spec who handed in his notice in july. What I would like to know if whether breach of contract would take place if the offer was withdrawn. I' under the impression that it would. If it did get that far I would sue, obviously not with a view to get the offer back but at least to get compensation. I'm sure it won't go there but sure you never know...

Eoin

What I would like to know if whether breach of contract would take place if the offer was withdrawn

And that's where you need to get proper legal advice rather than here.

seamus

nice_r_naughty wrote: »

What I would like to know if whether breach of contract would take place if the offer was withdrawn.

Very roughly speaking, an offer is not the same as a contract. It only becomes a contract when you sign it and return it to the employer. At that point they have to give you the specified notice to terminate the contract. Withdrawal of an offer is at the offerer's discretion.

But I'm not a solicitor. You will need legal advice if you're going that route.

nice_r_naughty

aaah now here is where the contract bit comes in: they did send me one ("employment commencement date TBC"), whihc I signed and returned so there is a written contract

I know I need proper legal advice if It does get nasty, I know I won't get it here (and certainly not act on it if I did!)

Le King

If they offered you the job and you accepted it then there is no problem, as long as you communicated reasonably with the employer. They really have to give you the job. I would get advice on this as you will be in an awkward position unless the firm who offered you the job come back again.